[2025] KECA 437 (KLR)
The court found that the applicant had complied with the procedural requirements under Rule 23(2) of the Court of Appeal Rules 2022 by filing the application, serving the respondent, and providing evidence of service. As the application was unopposed and the applicant had demonstrated lack of instructions from the...
Source-derived case information.
- Citation
- [2025] KECA 437 (KLR)
- Parties
- Applicant: Mirugi Kariuki & Co Advocates; Respondent: Isaac Ngugi Githua
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 40 of 2019
- Procedural Posture
- Civil Appeal Application / Ruling on Advocate's Application to Cease Acting
- Outcome
- application allowed
- Judges
- JM Mativo
- Legal Topics
- Advocate Ceasing to Act, Court of Appeal Rules, Service of Application, Leave to Cease Acting
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mirugi Kariuki & Co Advocates
Applicant
Isaac Ngugi Githua
Respondent
Procedural Posture
Civil Appeal Application / Ruling on Advocate's Application to Cease Acting
Legal Issues
- 1 Whether the applicant should be granted leave to cease acting for the respondent in the appeal.
- 2 Whether the requirements of Rule 23(2) of the Court of Appeal Rules 2022 have been satisfied.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements under Rule 23(2) of the Court of Appeal Rules 2022 by filing the application, serving the respondent, and providing evidence of service. As the application was unopposed and the applicant had demonstrated lack of instructions from the respondent despite repeated requests, the court exercised its discretion to grant leave for the applicant to cease acting. The advocate will be deemed to have ceased acting upon serving the respondent with a certified copy of the order.
Court Disposition
application allowed
Orders
- Counsel for the respondent shall be deemed as having ceased to act for the respondent upon serving the respondent with a certified copy of this order.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Mirugi Kariuki & Co Advocates v Githua (Civil Appeal (Application) 40 of 2019) [2025] KECA 437 (KLR) (6 March 2025) (Ruling)
Neutral citation: [2025] KECA 437 (KLR)
Republic of Kenya
In the Court of Appeal at Nakuru
Civil Appeal (Application) 40 of 2019
JM Mativo, JA
March 6, 2025
Between
Mirugi Kariuki & Co Advocates
Applicant
and
Isaac Ngugi Githua
Respondent
(Being an application for orders to cease acting for the Respondent in the appeal serialized as Nakuru COACA No. 40 of 2019 from the judgement of the High Court of Kenya at Nakuru (J. Mulwa, J.) dated 26th May 2016 in Civil Appeal No.94 of 2013)
Ruling
1. Vide an application dated 16th May 2023, brought under Rules 23 (2) of the Court of Appeal Rules 2022, and all other enabling provisions of the law, the applicant M/s Mirugi Kariuki & Co. Advocates prays for leave to cease acting for the respondent herein. The motion is supported by grounds on its body and a supporting affidavit sworn on 16th May 2023 by Lawrence Macharia Karanja advocate for the applicant.
2. The gravamen of the applicant’s motion is that the applicant has not received instructions from the respondent on how to proceed with the matter despite numerous requests and advice.
3. The motion is not opposed by the respondent. I note that an affidavit of service sworn on 3rd March 2025 has been filed in Court on 4th March 2025 as evidence of service of the instant application and a hearing notice sent on 27th February 2025 upon the respondent herein.
4. Rule 23 (2) of the Court of Appeal Rules 2022 requires an advocate who desires to cease acting for any party in a civil appeal or application to apply by notice of motion before a single Judge for leave to so cease from acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party with a certified copy of the order of the Judge.
5. Accordingly, I allow the application and order that-a.counsel for the respondent shall be deemed as having ceased to act for the respondent upon serving the respondent with a certified copy of this order;b.there shall be no orders as to costs.
DATED AND DELIVERED AT NAKURU THIS 6TH DAY OF MARCH, 2025. J. MATIVO.........................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR.