[2025] KEHC 8209 (KLR)
The court found that the appellant's application for change of advocate was not opposed by the outgoing firm, Messrs. Nyandieka & Associates Advocates. The court emphasized the appellant's constitutional right to legal representation of choice under Article 50 of the Constitution. The respondent's objections were...
Source-derived case information.
- Citation
- [2025] KEHC 8209 (KLR)
- Parties
- Appellant: Syephen Wambugu Mwangi t/a Stemer Hardware & Paints; Respondent: Apex Steel Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 367 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Application for Change of Advocate
- Outcome
- application allowed
- Judges
- AC Mrima
- Legal Topics
- Change of Advocate, Right to Counsel, Notice of Motion, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Syephen Wambugu Mwangi t/a Stemer Hardware & Paints
Appellant
Apex Steel Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Change of Advocate
Legal Issues
- 1 Whether the appellant should be granted leave to change advocates at the appellate stage.
- 2 Whether the opposition by the respondent raises valid grounds to deny the application for change of advocate.
Ratio Decidendi
The court found that the appellant's application for change of advocate was not opposed by the outgoing firm, Messrs. Nyandieka & Associates Advocates. The court emphasized the appellant's constitutional right to legal representation of choice under Article 50 of the Constitution. The respondent's objections were found to lack merit, as the application did not contravene any legal or procedural requirements, and there was no evidence that the change of advocate would unduly delay execution or frustrate the proceedings. Accordingly, the court exercised its discretion to allow the application, holding that the appellant should not be deprived of the right to counsel of choice, and granted...
Court Disposition
application allowed
Orders
- Leave is granted for Messrs. Gidraph Waweru & Company Advocates to come on record in place of Messrs. Nyandieka & Associates Advocates for the appellant.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Syephen Wambugu Mwangi t/a Stemer Hardware & Paints v Apex Steel Limited (Civil Appeal 367 of 2018) [2025] KEHC 8209 (KLR) (Civ) (12 June 2025) (Ruling)
Neutral citation: [2025] KEHC 8209 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal 367 of 2018
AC Mrima, J
June 12, 2025
Between
Syephen Wambugu Mwangi t/a Stemer Hardware & Paints
Appellant
and
Apex Steel Limited
Respondent
Ruling
1. The application subject of this ruling is a Notice of Motion dated 2nd April 2025 seeking leave of the Court for the firm of Messrs. Gidraph Waweru & Company Advocates to come on record in place of Messrs. Nyandieka & Associates Advocates. The application was supported by an affidavit sworn by the Appellant in person on 2nd April 2025.
2. The application is opposed vide Grounds of opposition dated 12th May 2025 in which the Respondent mainly contends that the application is frivolous, baseless and vexatious and that the proposed change of Advocate at this stage serves no legitimate purpose neither in law nor procedure, that the application is merely calculated to delay the execution of the decree and frustrate the finality of the proceedings, that the grounds disclosed in the application have no bearing with the prayers sought in the application and that it is in the interest of the parties that execution be satisfied without further delay.
3. Having considered the application in light of the fact that it is not opposed to by Messrs. Nyandieka & Associates Advocates, the Appellant ought to be accorded an opportunity to choose an Advocate of choice as is his right under Article 50 of the Constitution.
4. The application is, therefore, merited and is hereby allowed with no orders as to costs.Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 12TH DAY OF JUNE, 2025. A. C. MRIMAJUDGERuling virtually delivered in the presence of:Mr. Masobera, Learned Counsel for the Appellant.Amina/Abdirazak – Court Assistants.