[2020] KECA 44 (KLR)
The court found that the applicant had demonstrated sufficient grounds for leave to cease acting, namely, the existence of serious irreconcilable differences and loss of confidence and trust between advocate and client. The absence of opposition from the client or the respondent further supported the application....
Source-derived case information.
- Citation
- [2020] KECA 44 (KLR)
- Parties
- Applicant: Njuguna, Kahari and Kiai Advocates; Respondent: Nairobi City County
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal (Application) 327 of 2017
- Procedural Posture
- Civil Appeal / Application for Leave to Cease Acting
- Outcome
- Application allowed. Leave granted for applicant to cease acting for appellant.
- Judges
- J Karanja
- Legal Topics
- Leave to Cease Acting, Advocate Client Relationship, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Njuguna, Kahari and Kiai Advocates
Applicant
Nairobi City County
Respondent
Procedural Posture
Civil Appeal / Application for Leave to Cease Acting
Legal Issues
- 1 Whether the applicant firm should be granted leave to cease acting for the appellant due to irreconcilable differences with the client.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for leave to cease acting, namely, the existence of serious irreconcilable differences and loss of confidence and trust between advocate and client. The absence of opposition from the client or the respondent further supported the application. The court held that the advocate-client relationship had become untenable, and it was in the interests of justice to allow the advocates to withdraw from acting for the appellant.
Court Disposition
Application allowed. Leave granted for applicant to cease acting for appellant.
Orders
- The Notice of Motion dated 13th November, 2020 is allowed.
- The applicant is granted leave to cease acting for the appellant.
Full Case Text
Judgment text and source record
24 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, JA. (IN CHAMBERS)
CIVIL APPEAL (APPLICATION) NO. 327 OF 2017
BETWEEN
NJUGUNA, KAHARI AND KIAI ADVOCATES.............................................APPLICANT
AND
NAIROBI CITY COUNTY.............................................................................RESPONDENT
(An application to cease acting in an appeal from the Judgment and Orders of the High Court of Kenya at Nairobi (E. K. Ogola, J) dated 17thFebruary, 2017
in
HCCC NO. 1180 OF 2001)
*****************
RULING
In this Notice of Motion, pronounced to be brought under Rules 1(2) and23(2)of the Court of Appeal Rules, the firm of Njuguna, Kahari and KiaiAdvocates seek leave of this Court to cease acting for the appellant, Nairobi CityCounty.
According to the grounds on the face of the application and the depositionsin the affidavit of Joseph Waithaka Kahari, a partner in the said firm, seriousirreconcilable differences have arisen between the advocates and their client (theappellant). The differences are such that there is now loss of confidence and trustbetween the advocates and client and their continued relationship has become perilous and unsustainable, hence the application for leave to cease acting.
In spite of service of the application on the appellant on 12th November, 2020, and the respondents on 5th June, 2020, none of them have opposed the application. When differences between counsel and client become irreconcilable, just like in a marriage, the relationship becomes untenable and the chains that bind the two parties must be severed.
Having considered the application before me and the reasons proffered for the applicant’s desire to cease acting for its client, I am satisfied that the leave sought should be allowed. The Notice of Motion dated 13th November, 2020 is hereby allowed and the applicant is granted leave to cease acting for the appellant. Any correspondence or other Court processes in this appeal be served directly on the appellant until another counsel comes on record for it.
Dated and delivered at Nairobi this 18thday of December, 2020.
W. KARANJA
.....................................
JUDGE OF APPEAL
I certify that this is a truecopy of the original.
Signed
DEPUTY REGISTRAR