[2025] KECA 883 (KLR)
The court found that the application by V.A Nyamodi & Co. Advocates to cease acting for the appellant was properly served on both the appellant and the respondent, and that no opposition or prejudice to any party was demonstrated. Applying Rule 23(2) of the Court of Appeal Rules 2022, the court held that the...
Source-derived case information.
- Citation
- [2025] KECA 883 (KLR)
- Parties
- Appellant: Moses Kasane Lenolkulal t/a Oryx Service Station; Respondent: Ethics & Anti - Corruption Commission
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E431 of 2024
- Procedural Posture
- Civil Appeal Application / Application for Leave to Cease Acting
- Outcome
- Application allowed; leave granted for advocates to cease acting.
- Judges
- LA Achode
- Legal Topics
- Advocate Ceasing to Act, Leave of Court, Service of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Kasane Lenolkulal t/a Oryx Service Station
Appellant
Ethics & Anti - Corruption Commission
Respondent
Procedural Posture
Civil Appeal Application / Application for Leave to Cease Acting
Legal Issues
- 1 Whether the firm of V.A Nyamodi & Co. Advocates should be granted leave to cease acting for the appellant.
- 2 Whether proper service of the application to cease acting was effected on all parties.
- 3 Whether any party would be prejudiced by the grant of the application.
Ratio Decidendi
The court found that the application by V.A Nyamodi & Co. Advocates to cease acting for the appellant was properly served on both the appellant and the respondent, and that no opposition or prejudice to any party was demonstrated. Applying Rule 23(2) of the Court of Appeal Rules 2022, the court held that the advocate was entitled to leave to cease acting, provided that a certified copy of the order is served on the appellant. The absence of opposition and the fulfillment of procedural requirements justified granting the application.
Court Disposition
Application allowed; leave granted for advocates to cease acting.
Orders
- The firm of V/A Nyamodi & Co. Advocates is hereby granted leave to cease acting for the appellant.
- The firm of V/A Nyamodi & Co. Advocates shall serve upon the appellant a certified copy of this order.
Full Case Text
Judgment text and source record
22 paragraphs
Moses Kasane Lenolkulal t/a Oryx Service Station v Ethics & Anti - Corruption Commission (Civil Appeal (Application) E431 of 2024) [2025] KECA 883 (KLR) (23 May 2025) (Ruling)
Neutral citation: [2025] KECA 883 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Appeal (Application) E431 of 2024
LA Achode, JA
May 23, 2025
Between
Moses Kasane Lenolkulal t/a Oryx Service Station
Appellant
and
Ethics & Anti - Corruption Commission
Respondent
(Appeal from the judgment of the High Court, Anti-Corruption and Economic Crimes Division at Nairobi (E.N. Maina J.) dated 20th March 2024 in Civil Suit No. 21 of 2019 Civil Suit 21 of 2019 )
Ruling
1. The firm of V.A Nyamodi & Co. Advocates filed a notice of motion dated 14th February, 2025 seeking to be allowed to cease from acting for the appellant.
2. The application is premised on the grounds on its face, and the supporting affidavit sworn by Patrick Barasa on even date. The grounds are that the firm no longer has instructions to continue representing the appellant in this matter. As such, it is deposed that it is just and fair that the firm of V/A Nyamodi & Co. Advocates is allowed to cease acting for the appellant, to enable him to pursue his case as he deems fit. It is stated that no party will be prejudiced should the application be allowed.
3. An affidavit of service sworn on 18th February, 2025 by Juma Ogendi, evinces that the appellant and the respondent were served with the application to cease acting on 14th February 2025.
4. The Registrar of this Court served the parties with a hearing notice through email on 30th April 2025, informing them that the application will be heard by way of written submissions. None of the parties have filed written submissions. The application is therefore not opposed.
5. Under rule 23(2) of the Court of Appeal Rules 2022, an advocate who desires to cease acting for a party in a civil appeal or application, may apply by notice of motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for the party, upon service on the party of a certified copy of the order of the Judge.
6. Upon considering the application dated 14th February 2025, I find that it has merit and is hereby allowed. Accordingly, I order that:i.The firm of V/A Nyamodi & Co. Advocates is hereby granted leave to cease acting for the appellant,ii.The firm of V/A Nyamodi & Co. Advocates shall serve upon the appellant, a certified copy of this order.iii.There shall be no orders as to costs.It is so ordered.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MAY, 2025. L. ACHODE………………………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR.