Kenya Case Law

Dwellings and Spaces Limited v Mwaniki alias Mirriam Nyawira Mwaniki (Sued in her personal capacity as the Legal Representative to the Estate of Stephen Mwaniki Wairera (Deceased) & 3 others

Dwellings and Spaces Limited v Mwaniki alias Mirriam Nyawira Mwaniki (Sued in her personal capacity as the Legal Representative to the Estate of Stephen Mwaniki Wairera (Deceased) & 3 others [2025] KEELC 4981 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E025 of 2024

Judge

JO Olola

The court found that the plaintiff failed to demonstrate any real or sufficient grounds to disqualify Gichuki King’ara & Co. Advocates from representing the defendants. The sale agreement central to the dispute was drawn by a different law firm, and the subsequent novation agreement, although prepared by Gichuki King’ara & Co. Advocates, was never executed or witnessed by them. The court held that the mere fact of prior involvement in a transaction does not, by itself, create a conflict of interest or justify disqualification. There was no evidence that confidential information would be misus…

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• Advocate Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duty
• Confidential Information
• Sale Of Land
• Interlocutory Injunctions

Republic v Oketch & 4 others; Wamaitha (Respondent)

Republic v Oketch & 4 others; Wamaitha (Respondent) [2025] KEHC 8250 (KLR)

Court

High Court

Case number

Criminal Case E011 of 2025

Judge

PN Gichohi

The court found that the applicants failed to provide evidence of an advocate-client relationship between the Respondent and any of the accused persons. There was no proof that confidential information was shared or that the Respondent's conduct prejudiced the accused's right to a fair trial. The allegations of conflict of interest, improper inducement, and lack of firm registration were unsubstantiated. The court reaffirmed that both accused and victims have the right to legal representation of their choice, and that disqualification of an advocate requires clear evidence of conflict of inte…

Source excerpt

• Conflict Of Interest
• Advocate Disqualification
• Watching Brief
• Right To Counsel
• Fair Trial Rights

Imperial Bank Limited (In Receivership) & another v Popat & 18 others

Imperial Bank Limited (In Receivership) & another v Popat & 18 others [2025] KECA 1013 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E395 of 2017

Judges

W Karanja, LA Achode, GV Odunga

The Court of Appeal held that the appellants failed to establish a factual basis for disqualifying the law firms from representing the respondents. The court found that mere listing of a law firm as a legal advisor or on a panel of advocates, without more, does not justify interference with an advocate's representation. The appellants did not demonstrate that any confidential information relevant to the present suit was imparted to the law firms, nor did they show that such information was likely to be used to their detriment. The court emphasized that the burden of proof lies with the party…

Source excerpt

• Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duties
• Confidential Information
• Banking Regulation
• Professional Ethics

In re Estate of Chemwok Chemitei (Deceased)

In re Estate of Chemwok Chemitei (Deceased) [2025] KEHC 7344 (KLR)

Court

High Court

Case number

Succession Cause 176 of 1996

Judge

RN Nyakundi

The High Court at Eldoret dismissed an application to disqualify petitioners’ advocate for alleged conflict of interest, finding no proof of real prejudice or misuse of confidence.

• Conflict Of Interest
• Advocate Disqualification
• Right To Counsel
• Fiduciary Duties
• Professional Ethics
• Conflict-of-interest

Njagi v Gatua (Being sued in her capacity and as an Administrator of the Estate of Gatua Kamuyi - Deceased) & 2 others

Njagi v Gatua (Being sued in her capacity and as an Administrator of the Estate of Gatua Kamuyi - Deceased) & 2 others [2025] KEELC 3881 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E013 of 2024

Judge

JM Mutungi

The court dismissed an application to disqualify counsel for alleged conflict of interest, finding no доказательство of relevant confidential information or likely prejudice.

• Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duties
• Confidential Information
• Right To Counsel
• Succession Disputes

Mudanya v Ericsson Kenya Limited

Mudanya v Ericsson Kenya Limited [2025] KEELRC 1442 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E794 of 2023

Judge

CN Baari

The court dismissed an application to bar the claimant’s advocates, finding no sufficient basis to disqualify the firm or show real prejudice.

• Advocate Disqualification
• Disciplinary Proceedings
• Right To Counsel
• Conflict Of Interest
• Fair Hearing
• Advocate As Witness

Mutinda & another v Ndau

Mutinda & another v Ndau [2025] KEELC 3120 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E002 of 2025

Judge

EK Wabwoto

The law firm of Mwinzi and Associates was disqualified from representing the Appellants because they drafted the sale agreements central to the dispute and likely possess confidential information prejudicial to the Respondent, creating a conflict of interest and a reasonable apprehension of bias that compromises the principles of fair trial and justice.

Source excerpt

• Conflict Of Interest
• Advocate Disqualification
• Fiduciary Duties
• Right To Counsel
• Sale Of Land
• Confidential Information

Meridian Energy Limited v DIB Bank Kenya Limited; Timsales Limited (Interested Party)

Meridian Energy Limited v DIB Bank Kenya Limited; Timsales Limited (Interested Party) [2025] KEHC 3149 (KLR)

Court

High Court

Case number

Civil Suit E046 of 2022

Judge

AB Mwamuye

The court declined to disqualify the Interested Party's advocates because the Plaintiff failed to demonstrate that the advocates were necessary and material witnesses on substantially disputed facts or that a genuine conflict of interest and consequent prejudice arose from their continued representation, applying the principles of Rule 9 of the Advocates (Practice) Rules and relevant authorities which emphasize that disqualification is a drastic measure requiring a high threshold of real mischief or prejudice.

Source excerpt

• Advocate Disqualification
• Conflict Of Interest
• Right To Counsel
• Material Witness
• Pleadings Striking Out

Ndiga v Said; Isbrecht (Interested Party)

Ndiga v Said; Isbrecht (Interested Party) [2025] KEHC 17160 (KLR)

Court

High Court

Case number

Civil Case E009 of 2021

Judge

DK Kemei

The High Court in Siaya disqualified a plaintiff’s advocate after finding he had obtained confidential information during mediation between former spouses over disputed property.

• Conflict Of Interest
• Advocate Disqualification
• Confidential Information
• Mediation Ethics
• Conflict-of-interest
• Advocate-disqualification

Ndiga v Said; Isbrecht (Interested Party)

Ndiga v Said; Isbrecht (Interested Party) [2025] KEHC 3255 (KLR)

Court

High Court

Case number

Civil Case E009 of 2021

Judge

DK Kemei

Mr. Wycliffe Okuta and his law firm are disqualified from representing the Plaintiff because Mr. Okuta had previously acted as a mediator in a dispute between the Plaintiff and the Defendant regarding a property central to the current suit. In this role, he obtained confidential information from both parties, creating a legitimate risk that this information could be used to the Defendant's disadvantage, thereby breaching the duty of confidentiality and the rules against conflicts of interest.

Source excerpt

• Conflict Of Interest
• Advocate Disqualification
• Confidential Information
• Mediation Ethics
• Representation Rights