[2021] KEELRC 2148 (KLR)
The court held that the claimant's right to be represented by an advocate of his choice cannot be restricted by the existence of outstanding legal fees owed to the previous advocate. The court recognized that there are established mechanisms for the outgoing advocate to recover any unpaid fees from the client, and...
Source-derived case information.
- Citation
- [2021] KEELRC 2148 (KLR)
- Parties
- Claimant: Patrick Omutia; Respondent: Telkom Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 80 of 2013
- Procedural Posture
- Cause / Ruling on Application for Change of Advocate
- Outcome
- application allowed
- Judges
- J Rika
- Legal Topics
- Change of Advocate, Right to Counsel, Legal Fees Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Omutia
Claimant
Telkom Kenya Limited
Respondent
Procedural Posture
Cause / Ruling on Application for Change of Advocate
Legal Issues
- 1 Whether the claimant should be allowed to change advocates despite outstanding legal fees to the previous advocate.
- 2 Whether the right of representation by an advocate of choice can be restricted due to unpaid legal fees.
Ratio Decidendi
The court held that the claimant's right to be represented by an advocate of his choice cannot be restricted by the existence of outstanding legal fees owed to the previous advocate. The court recognized that there are established mechanisms for the outgoing advocate to recover any unpaid fees from the client, and this should not impede the claimant's ability to change legal representation. Therefore, the application by Onindo Onindo and Associates to come on record for the claimant was allowed.
Court Disposition
application allowed
Orders
- The application filed by Onindo Onindo and Associates, dated 3rd December 2020 is allowed.
- No order on the costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR
RELATIONS COURT AT NAIROBI
CAUSE NUMBER 80 OF 2013
BETWEEN
PATRICK OMUTIA ...............................................CLAIMANT
VERSUS
TELKOM KENYA LIMITED..............................RESPONDENT
RULING
1. The Law Firm of Onindo Onindo and Associates, seeks, through its application dated 3rd December 2020, to come on record for the Claimant, in place of the Law Firm of S. Musalia Mwenesi Advocates.
2. The application is opposed through the affidavit of Mr. Stephen Mwenesi, sworn on 4th February 2021. The main ground in opposing the application, is that the Client, the Claimant herein, has not completed paying legal fees to his current Advocate.
3. The Court is persuaded that there is a mechanism, for the Law Firm of Mwenesi to recover any outstanding legal fees from the Claimant. The Claimant must not be denied his right of representation by an Advocate of his choice.
IT IS ORDERED: -
a. The application filed by Onindo Onindo and Associates, dated 3rd December 2020 is allowed.
b. No order on the costs.
Dated and delivered at Nairobi, this 5th day of February, 2021.
James Rika
JUDGE