https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1480
The Court found the application merited and allowed it because the advocate demonstrated lack of instructions, failed attempts to obtain directions from the client, and funding difficulties, making continued representation untenable without further ado.
Source-derived case information.
- Citation
- [2026] KECA 1480 (KLR)
- Parties
- 1st Appellant: Murang’a County Secretary Public Service Board; 2nd Appellant: Murang’a County Government; 3rd Appellant: Murang’a County Chief Officer Finance; 4th Appellant: Murang’a County Chief Officer Health & Sanitation; 1st Respondent: David Ngugi, Janerose Mugure Mutahi, John Mbuthia Wagohi & 347 others; 2nd Respondent: Council of Governors; 3rd Respondent: Principal Secretary, Ministry of Heath & 349 others & 349 others
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) E021 of 2023
- Procedural Posture
- Civil Appeal (application) / Application for Leave by Advocates to Cease Acting in a Pending Appeal
- Outcome
- Application allowed with costs.
- Judges
- ["LA Achode"]
- Legal Topics
- Change/cessation of Advocates, Leave to Cease Acting, Court of Appeal Rules 2022 Rule 23(2), Non Instructions by Client, Unpaid Legal Fees
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Murang’a County Secretary Public Service Board
1st Appellant
Murang’a County Government
2nd Appellant
Murang’a County Chief Officer Finance
3rd Appellant
Murang’a County Chief Officer Health & Sanitation
4th Appellant
David Ngugi, Janerose Mugure Mutahi, John Mbuthia Wagohi & 347 others
1st Respondent
Council of Governors
2nd Respondent
Principal Secretary, Ministry of Heath & 349 others & 349 others
3rd Respondent
Procedural Posture
Civil Appeal (application) / Application for Leave by Advocates to Cease Acting in a Pending Appeal
Legal Issues
- 1 Whether the firm of Mbugua Ng’ang’a Advocates should be granted leave to cease acting for the appellants.
- 2 Whether lack of client instructions and outstanding fees justified cessation of representation.
Ratio Decidendi
The Court found the application merited and allowed it because the advocate demonstrated lack of instructions, failed attempts to obtain directions from the client, and funding difficulties, making continued representation untenable without further ado.
Court Disposition
Application allowed with costs.
Orders
- Leave granted to Mbugua Ng’ang’a Advocates to cease acting for Murang’a County Secretary Public Service Board, Murang’a County Government, Murang’a County Chief Officer Finance and Murang’a County Chief Officer Health & Sanitation.
- Ruling to be served upon the appellants and the respondents.
Full Case Text
Judgment text and source record
1 paragraphs
Murang’a County Secretary Public Service Board & 3 others v Ngugi & 351 others (Civil Appeal (Application) E021 of 2023) [2026] KECA 1480 (KLR) (24 July 2026) (Ruling) Neutral citation: [2026] KECA 1480 (KLR) Republic of Kenya In the Court of Appeal at Nyeri Civil Appeal (Application) E021 of 2023 LA Achode, JA July 24, 2026 Between Murang’a County Secretary Public Service Board 1st Appellant Murang’a County Government 2nd Appellant Murang’a County Chief Officer Finance 3rd Appellant Murang’a County Chief Officer Health & Sanitation 4th Appellant and David Ngugi, Janerose Mugure Mutahi, John Mbuthia Wagohi & 347 others 1st Respondent Council of Governors 2nd Respondent Principal Secretary, Ministry of Heath & 349 others & 349 others 3rd Respondent (Being an appeal from the Judgment of the Employment and Labour Relations Court at Murang’a, (Marete J.), dated 31st October, 2022 in ELRC NO. E022 OF 2017) Ruling 1.In the application dated 28th April, 2025, the firm of Mbugua Ng’ang’a Advocates is seeking leave of the court to cease acting as the legal representative of Murang’a County Secretary Public Service Board, Murang’a County Government, Murang’a County Chief Officer Finance and Murang’a County Chief Officer Health & Sanitation. 2.The motion is brought under rule 23 (2) of the Court of Appeal Rules, 2022. The grounds on the face thereof, and as are also to be found in the supporting affidavit sworn by George Ng’ang’a Mbugua, the advocate for the applicant are that the applicant no longer has instructions to act on behalf of the appellants. The applicant deposes that it has attempted to contact the appellants for instructions via letters sent on 20th March 2025, and 2nd April, 2025 and it received no response. 3.The applicant also cites the existence of outstanding legal fees and states that the file remains unfunded, further constraining the ability to continue representation. The applicant attended Case Management conference on 24th March, 2025 in which the Court directed the filing of written submissions, but they indicate that they are unable to proceed with these directions due to lack of client communication. 4.No submissions have been filed but I believe this is an application that can be disposed of without further ado, even without the submissions. Reasons wherefore, the application dated 28th April, 2023 is allowed with costs This ruling shall be served upon the appellants and the respondents. DATED AND DELIVERED AT NYERI THIS 24TH DAY OF JULY, 2026.L. ACHODE………………………JUDGE OF APPEALI certify that this is a true copy of the original SignedDEPUTY REGISTRAR