Kenya Case Law

Rotich & 7 others v Yator & 14 others

Rotich & 7 others v Yator & 14 others [2025] KEELC 5432 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 12 of 2020

Judge

EO Obaga

The court found that the Applicants were entitled to seek leave for a change of advocate post-judgment in compliance with Order 9 Rule 9 of the Civil Procedure Rules. There was no objection from the outgoing advocates regarding their removal, and the existence of pending applications justified the Applicants' need for representation. The court held that the issue of delay did not arise, as the Applicants had a right to be heard on matters affecting them. The objections raised by the Respondents regarding the authority to appoint advocates and the alleged lateness of the application were not s…

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• Change Of Advocate Post Judgment
• Representation Rights
• Order 9 Rule 9 Civil Procedure Rules
• Land Dispute Resolution
• Mediation Adoption
• Party Entitlement To Be Heard

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

In re Estate of the Late Joseph Tiongoi Chirchir (Deceased)

In re Estate of the Late Joseph Tiongoi Chirchir (Deceased) [2025] KEHC 6711 (KLR)

Court

High Court

Case number

Miscellaneous Application Probate & Administration 25 of 2018

Judge

RN Nyakundi

The court found that the application by M/s Isiaho Sawe & Co Advocates to cease acting for the Applicants/Objectors was merited. The advocate demonstrated loss of contact with the clients and inability to diligently prosecute the matter, satisfying the requirements of Order 9 Rule 13 of the Civil Procedure Rules. The application was made promptly and in good faith, and there was no evidence of prejudice to the Applicants/Objectors, who retain the right to act in person or instruct new counsel. The court emphasized the constitutional right to legal representation but recognized that the advoca…

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• Advocate Ceasing To Act
• Representation Rights
• Order 9 Rule 13 Cpr
• Client Advocate Relationship

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.

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

Code for Africa v Mugure

Code for Africa v Mugure [2025] KEELRC 268 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E757 of 2023

Judge

L Ndolo

The Employment and Labour Relations Court barred a lawyer and his firm from acting for the respondent after finding a conflict of interest from prior work for the claimant.

• Conflict Of Interest
• Advocate Ethics
• Confidential Information
• Representation Rights
• Conflict-of-interest
• Advocate-ethics

Ndemo v Ondoro & 4 others

Ndemo v Ondoro & 4 others [2024] KEELC 6850 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E004 of 2022

Judge

JM Kamau

The court found that the 2nd Defendant failed to demonstrate a real conflict of interest or actual prejudice that would result from Bosire Gichana & Co. Advocates representing the Plaintiff. The 5th Defendant, who was the alleged aggrieved party, did not raise any objection or concern regarding conflict of interest, and the 2nd Defendant lacked standing to raise the issue on her behalf. The court emphasized that the right to counsel of choice is fundamental and should not be interfered with lightly. Mere suspicion or apprehension of conflict is insufficient; there must be clear evidence of re…

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• Conflict Of Interest
• Advocate Disqualification
• Representation Rights
• Land Subdivision Dispute

Awino v Langa

Awino v Langa [2024] KEELC 5931 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 15 of 2022

Judge

GMA Ongondo

The court found that the applicant is entitled to legal representation by an advocate of her choice, and that the application for leave to have L.K Obwanda & Company Advocates come on record was properly served and unopposed. The court relied on the principle that litigants and their professional advisors are the best judges of their own affairs, as stated in Butt v Rent Restriction Tribunal [1979] eKLR. No prejudice would be occasioned to any party by granting the application. Accordingly, the principal order sought was merited and the application was allowed as prayed.

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• Change Of Advocate
• Leave To Appear
• Representation Rights

Karingo v Attorney-General & another; Ngunu & 3 others (Interested Parties)

Karingo v Attorney-General & another; Ngunu & 3 others (Interested Parties) [2024] KEELC 6653 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 1404 of 2004

Judge

MD Mwangi

The Environment and Land Court dismissed a challenge to taxation of costs for failure to file a notice of objection under Paragraph 11 of the Advocates (Remuneration) Order.

• Taxation Of Costs
• Change Of Advocate
• Certificate Of Taxation
• Notice Of Objection
• Representation Rights
• Taxation-of-costs

Tawai Limited v Muhindi & 5 others

Tawai Limited v Muhindi & 5 others [2024] KEHC 1789 (KLR)

Court

High Court

Case number

Civil Case 22 of 2018

Judge

AC Mrima

The High Court at Kitale held that two firms of advocates remained on record for the plaintiff until representation was regularized under the Civil Procedure Rules.

• Change Of Advocates
• Corporate Resolution
• Representation Rights
• Change-of-advocates
• Civil-procedure
• Corporate-resolution

Nyabero v Land Registrar Nyamira County & another; Mikae (Interested Party)

Nyabero v Land Registrar Nyamira County & another; Mikae (Interested Party) [2023] KEELC 18678 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Civil Application E004 of 2023

Judge

JM Kamau

The court dismissed an application to disqualify counsel, finding no proven conflict of interest or prior representation by Ms. Winny Adhiambo Ochwal.

• Advocate Conflict Of Interest
• Disqualification Of Counsel
• Representation Rights
• Advocate-conflict-of-interest
• Disqualification-of-counsel
• Representation-rights