[2025] KEHC 1422 (KLR)
The court found that the firm of MKN & Co. Advocates had demonstrated that they no longer had instructions from the ex-parte applicant, and that their continued representation was untenable. The court relied on the principle that counsel cannot be compelled to act for a client who has lost touch or interest in the...
Source-derived case information.
- Citation
- [2025] KEHC 1422 (KLR)
- Parties
- Applicant: Republic; Respondent: Director of Public Prosecution; Respondent: The Chief Magistrate Court at Makadara; Respondent: Kenya Revenue Authority; Applicant: Purity Wangui Kuria
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 164 of 2017
- Procedural Posture
- Judicial Review Application / Ruling on Application by Advocates to Cease Acting
- Outcome
- application allowed
- Judges
- JM Chigiti
- Legal Topics
- Leave to Cease Acting, Advocate Client Relationship, Withdrawal of Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Director of Public Prosecution
Respondent
The Chief Magistrate Court at Makadara
Respondent
Kenya Revenue Authority
Respondent
Purity Wangui Kuria
Applicant
Procedural Posture
Judicial Review Application / Ruling on Application by Advocates to Cease Acting
Legal Issues
- 1 Whether the firm of MKN & Co. Advocates should be granted leave to cease acting for the ex-parte applicant.
- 2 Whether the firm should be discharged from the record due to lack of instructions from the client.
Ratio Decidendi
The court found that the firm of MKN & Co. Advocates had demonstrated that they no longer had instructions from the ex-parte applicant, and that their continued representation was untenable. The court relied on the principle that counsel cannot be compelled to act for a client who has lost touch or interest in the matter, and that the right to access to justice does not override the practical impossibility of representation where instructions are lacking. As there was no opposition to the application, the court granted leave for the firm to cease acting and ordered their discharge from the record.
Court Disposition
application allowed
Orders
- The firm of MKN & Co. Advocates is granted leave to cease acting for the ex-parte applicant, Purity Wangui Kuria.
- The firm of MKN & Co. Advocates is discharged from the record.
Full Case Text
Judgment text and source record
33 paragraphs
Republic v Director of Public Prosecution & 2 others; Kuria (Exparte Applicant) (Judicial Review Application 164 of 2017) [2025] KEHC 1422 (KLR) (Judicial Review) (21 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1422 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application 164 of 2017
JM Chigiti, J
February 21, 2025
Between
Republic
Applicant
and
Director of Public Prosecution
1st Respondent
The Chief Magistrate Court at Makadara
2nd Respondent
Kenya Revenue Authority
3rd Respondent
and
Purity Wangui Kuria
Exparte Applicant
Ruling
1. The application before this Court is the Chamber Summons dated 3rd February, 2025. The application is brought under Order 9 Rule 13 Civil Procedure Rules 2010, and all other enabling provisions of the law. It seeks the following orders:1. That the firm of MKN & Co. Advocates be granted leave to cease acting for the Exparte applicant, Purity Wangui Kuria.2. That consequent to granting of prayer (1) above, the firm of MKN & Co. Advocates be discharged from record.3. That cost of the Application be provided.
2. The application is supported by a Supporting Affidavit of one Charles Njenga sworn on 3rd February, 2025.
3. The firm of MKN & Co. Advocates was instructed to act for the Exparte applicant on 19th March, 2019.
4. The Applicant depones that the firm reached out to the ex-parte applicant seeking further sufficient instructions in order to continue carrying out her instructions with the required attention and professionalism, but the ex-parte applicant has not responded.
5. On the premises the firm of MKN & Co. Advocates no longer has instructions from the ex-parte applicant to remain on record and continue acting for her.
6. The Applicant further depones that is in the interest of justice that the firm of MKN & Co. Advocates be discharged from these proceedings.
7. I have noted since their notice of appointment dated 29th January, 2021, the only other activity has been service of a mention date before this court on 14th February, 2022.
8. In the Supreme Court case Petition (Application) No. E033 of 2023, (Being an application by M/s Mbugua Ng’ang’a & Co. Advocates to cease acting for the 2nd respondent) where Justice S. C. Wanjala stated: -“I opine that, a court of law cannot compel counsel to continue acting for a party, who has lost touch or interest in the matter for whatever reason.”
9. Though Article 48 of the Constitution seeks to promote the right to access to justice, the same must be read alongside their ability to represent a client and counsel cannot be forced to represent a client where the client has made it impossible to be represented.
10. Given the uncontested position herein, I find merit in the application.Order:1. The firm of MKN & Co. Advocates is hereby granted leave to cease acting for the ex-parte applicant, Purity Wangui Kuria.2. The firm of MKN & Co. Advocates be discharged from the record.3. Costs in the cause.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21ST DAY OF FEBRUARY, 2025. ……………………………………JOHN CHIGITI (SC)JUDGE