Kenya Case Law

Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri)

Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri) [2025] KECA 1327 (KLR)

Court

Court of Appeal

Case number

Civil Application E401 of 2024

Judge

F Tuiyott

The court found that the delay in lodging the notice of appeal was occasioned by a mistake of counsel, specifically the failure to pay for the notice despite timely uploading on the e-filing portal. The applicants demonstrated diligence by following up on the status of their appeal and promptly rectifying the omission. The delay of approximately one month was not considered inordinate, and the application for extension of time was brought without undue delay. The respondent failed to show any prejudice that would result from granting the extension. The court exercised its discretion under Rul…

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• Extension Of Time
• Mistake Of Counsel
• Notice Of Appeal
• Stay Of Execution
• Change Of Advocates

Nakachi v Mbugwa

Nakachi v Mbugwa [2025] KEELC 5108 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Miscellaneous Case E016 of 2024

Judge

A Nyukuri

The court dismissed an application for leave to appeal out of time, stay of execution, and change of advocates, finding the five-month delay unexplained.

• Extension Of Time
• Stay Of Execution
• Change Of Advocates
• Appeals From Subordinate Courts
• Extension-of-time
• Stay-of-execution

Jubilee Party v Internal Disputes Resolution Committee of the Jubilee Party & 2 others

Jubilee Party v Internal Disputes Resolution Committee of the Jubilee Party & 2 others [2025] KEHC 8254 (KLR)

Court

High Court

Case number

Civil Appeal E1016 of 2023

Judge

AC Mrima

The court found that the Internal Disputes Resolution Committee, as an organ of the Jubilee Party, could not independently appoint legal counsel without the approval of the party's National Executive Committee, especially in the absence of ratified internal rules governing its procedures. The National Executive Committee's approval of Moturi Orwochi Mwendani Advocates as counsel for the 1st and 2nd Respondents was therefore valid and binding. The Notice of Change of Advocates was affirmed, and the consent executed by the parties was adopted as an order of the court, settling the matter in its…

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• Party Representation
• Change Of Advocates
• Internal Governance Of Political Parties

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…

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

Gicheha v Nairobi City Water And Sewerage Company Limited

Gicheha v Nairobi City Water And Sewerage Company Limited [2025] KEELRC 1499 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E083 of 2022

Judge

AK Nzei

The court dismissed a post-judgment motion for injunction pending appeal, holding that it was functus officio and could not revisit issues already determined.

• Injunction Pending Appeal
• Functus Officio
• Fair Labour Practices
• Internal Recruitment
• Change Of Advocates
• Injunction-pending-appeal

Republic v Nairobi County Government

Republic v Nairobi County Government [2025] KEHC 6519 (KLR)

Court

High Court

Case number

Judicial Review Application 366 of 2014

Judge

RE Aburili

The court held that Sanlam Kenya PLC, as the successor in title to the ex parte applicant, has the exclusive legal right to appoint counsel of its own choice for the ongoing proceedings. The agency relationship with Njomuki Agencies was lawfully terminated, and the agency no longer has any authority to determine or influence legal representation for the ex parte applicant. The issue of legal representation was conclusively determined by Nyamweya J in the ruling of 2nd July 2018, which remains valid and binding unless overturned on appeal. The current application by Kerosi & Company Advocates,…

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• Change Of Advocates
• Party Autonomy
• Agency Termination
• Right To Counsel
• Res Judicata

Lalji v Lalji & 3 others

Lalji v Lalji & 3 others [2025] KEHC 6180 (KLR)

Court

High Court

Case number

Commercial Suit 330 of 2013

Judge

NW Sifuna

The High Court held that a notice of change of advocates filed for the 3rd defendant was not properly on record, because authority from the plaintiff-shareholder was not clearly established.

• Change Of Advocates
• Conflict Of Interest
• Locus Standi
• Company Shareholding
• Change-of-advocates
• Conflict-of-interest

Manyara v M’Imunya

Manyara v M’Imunya [2025] KEELC 3842 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E015 of 2023

Judge

BM Eboso

The Environment and Land Court at Meru allowed an unopposed application by counsel for the appellant to cease acting in the appeal.

• Change Of Advocates
• Leave To Cease Acting
• Unopposed Application
• Change-of-advocates
• Leave-to-cease-acting
• Unopposed-application

Transnzoia Securities Limited v Stuadte

Transnzoia Securities Limited v Stuadte [2025] KECA 1048 (KLR)

Court

Court of Appeal

Case number

Civil Application E030 of 2023

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal struck out a Notice of Appeal for late service under Rule 79, while holding that Order 9 Rule 9 did not apply to the appeal.

• Notice Of Appeal Striking Out
• Service Of Process
• Change Of Advocates
• Appeal Timelines
• Notice-of-appeal
• Appeal-timelines

Kericho Technical Institute v Finance Community Based Group & 3 others

Kericho Technical Institute v Finance Community Based Group & 3 others [2025] KEHC 5844 (KLR)

Court

High Court

Case number

Civil Suit 20 of 2013

Judge

JK Sergon

The High Court at Kericho dismissed an application to strike out documents filed by advocates alleged to be improperly on record, finding the firm was properly on record under Order 9 Rule 1 and estoppel applied.

• Change Of Advocates
• Proper Parties On Record
• Order 9 Rule 1
• Notice To Show Cause
• Consent To Act
• Estoppel