Kenya Case Law

Standard Chartered Financial Services Limited v Manchester Outfitters (Suiting Division) Limited Now Called King Woolen Mills Limited & 2 others

Standard Chartered Financial Services Limited v Manchester Outfitters (Suiting Division) Limited Now Called King Woolen Mills Limited & 2 others [2025] KESC 39 (KLR)

Court

Supreme Court

Case number

Petition (Application) E012 of 2024

Judges

MK Ibrahim, SC Wanjala, N Ndungu, I Lenaola, W Ouko

The Supreme Court held that, despite ongoing disputes regarding the directorship of the applicant companies and the existence of injunctive orders against Mohan Galot, the authority to appoint legal counsel for the applicants remains vested in the Group Chairman under Article 10 of the 1st applicant’s Memorandum of Association. The Court found that the injunction in Narendra Galot v. Mohan Galot did not expressly restrain Mr. Mohan Galot from exercising his discretion to appoint advocates. The Court further noted that the issue of legal representation had been previously litigated and consist…

Source excerpt

• Change Of Advocates
• Company Directorship Disputes
• Authority To Instruct Counsel
• Injunctive Orders
• Board Resolutions
• Representation Rights

Manchester Outfitters Suiting Division now Called King Woolen Mills Ltd & another v Standard Chartered Financial Service Limited & another

Manchester Outfitters Suiting Division now Called King Woolen Mills Ltd & another v Standard Chartered Financial Service Limited & another [2023] KEHC 2272 (KLR)

Court

High Court

Case number

Civil Case 340 of 2006

Judge

A Mabeya

The court found that the authority to appoint advocates for the plaintiff companies was inextricably linked to the unresolved dispute over directorship and shareholding. Previous court decisions, including those of the Supreme Court and Court of Appeal, recognized Mohan Galot as the person authorized to appoint advocates under Article 10 of the Articles of Association. The applicants failed to demonstrate that the High Court had resolved the directorship issue or that they had proper authority to instruct new counsel. The court held that it would not allow the ongoing internal disputes to der…

Source excerpt

• Change Of Advocates
• Company Directorship Disputes
• Authority To Instruct Counsel
• Articles Of Association
• Representation Of Companies

Thomas Tongi Mogendi, Andrew Onserio Ondimu & Daniel Omwoyo Mbaka v Kisii County Assembly Service Board, Clerk Kisii County Assembly, County Assembly of Kisii, Director Human Resource Management, Kisii County & Payroll Manager, Kisii County

Thomas Tongi Mogendi, Andrew Onserio Ondimu & Daniel Omwoyo Mbaka v Kisii County Assembly Service Board, Clerk Kisii County Assembly, County Assembly of Kisii, Director Human Resource Management, Kisii County & Payroll Manager, Kisii County [2021] KEELRC 283 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E056 of 2021

Judge

CN Baari

The court held that the Clerk of the County Assembly Service Board had authority to instruct counsel, expunging a rival notice of appointment.

• Authority To Instruct Counsel
• Representation Of Parties
• County Assembly Service Board Powers
• Authority-to-instruct-counsel
• Representation-of-parties
• County-assembly-service-board

Jacob Omondi Nyambega, Kennedy Omollo Onyango, Samwel Otieno Obuya, Philip Otiende Adundo, Simon Omondi Akina & Pauline Akwach v Victoria Comfort Inn Limited, Kenya African National Union, Nick Salat, Gideon Moi & Attorney General

Jacob Omondi Nyambega, Kennedy Omollo Onyango, Samwel Otieno Obuya, Philip Otiende Adundo, Simon Omondi Akina & Pauline Akwach v Victoria Comfort Inn Limited, Kenya African National Union, Nick Salat, Gideon Moi & Attorney General [2021] KEELC 3573 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 136 of 2016

Judge

A Ombwayo

The court partly allowed an application on representation, striking out the defence filed for the 4th defendant and granting leave to file a fresh defence.

• Change Of Advocates
• Service Of Summons
• Authority To Instruct Counsel
• Trusteeship Of Party Property
• Sale Of Land
• Striking Out Pleadings

Kenya Plantation & Agricultural Workers Union v Sotik Highlands Tea Estates Limited

Kenya Plantation & Agricultural Workers Union v Sotik Highlands Tea Estates Limited [2016] KEELRC 131 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 218 of 2015

Judge

DKN Marete

The court dismissed a post-judgment application to change advocates because the applicant lacked authority from the decree holder to instruct new counsel.

• Change Of Advocate Post Judgment
• Authority To Instruct Counsel
• Execution Of Judgment
• Representation Of Union Members
• Change-of-advocate-post-judgment
• Authority-to-instruct-counsel

Odera Obar & Company Advocates v Charterhouse Bank Limited

Odera Obar & Company Advocates v Charterhouse Bank Limited [2014] KEHC 8623 (KLR)

Court

High Court

Case number

Civil Suit 365 of 2014

The court held that after the appointment of a statutory manager, the board of directors of Charterhouse Bank Limited ceased to have legal authority to act on behalf of the company, including the authority to instruct advocates. The statutory manager exclusively holds all powers of management and representation of the company. Since the instructions to Odera Obar & Company Advocates were given by the directors at a time when they lacked such authority, those instructions could not bind the company. Therefore, the Advocate/Client Bill of Costs could not be taxed against Charterhouse Bank Limit…

Source excerpt

• Advocate Client Costs
• Statutory Management
• Authority To Instruct Counsel
• Corporate Personality
• Board Of Directors Powers

Francis Kaimuru Gitu v Olbossat Savings & Credit Society Limited

Francis Kaimuru Gitu v Olbossat Savings & Credit Society Limited [2005] KEHC 1560 (KLR)

Court

High Court

Case number

Civil Case 134 of 2005

Judge

DW Mbuteti

The High Court extended a stay of execution for 60 days, holding that a co-operative tribunal was the proper forum to decide who the defendant’s bona fide officials were.

• Stay Of Execution
• Consent Judgment Validity
• Authority To Instruct Counsel
• Cooperative Societies Disputes
• Stay-of-execution
• Consent-judgment

Francis Kaimuru Gitu v Albossat Savings & Credit Society Ltd

Francis Kaimuru Gitu v Albossat Savings & Credit Society Ltd [2005] KEHC 2447 (KLR)

Court

High Court

Case number

Civil Case 134 of 2005

The High Court stayed proceedings after a post-judgment dispute arose over which officials of the defendant society had authority to instruct counsel.

• Change Of Advocate
• Authority To Instruct Counsel
• Society Officials Dispute
• Compromise Judgment
• Change-of-advocate
• Authority-to-instruct-counsel