Kenya Case Law

Abura v Coast Water Works Development Agency & 11 others

Abura v Coast Water Works Development Agency & 11 others [2025] KEELRC 1977 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E009 of 2025

Judge

M Mbarũ

The court found that the preliminary objections raised by the petitioner did not constitute pure points of law as required by the Mukisa Biscuits standard, since the issues involved factual matters regarding the appointment and representation of parties. The court held that the interested parties, though sued in their official capacity, were entitled to appoint advocates of their choice to defend themselves. The court also recognized that the respondents had amended their Notices of Appointment to clarify representation, and that the Attorney General had entered appearance for the appropriate…

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• Appointment Of External Advocates
• State Corporation Representation
• Preliminary Objection Standard
• Right To Counsel
• Amendment Of Pleadings

Mbira v Republic

Mbira v Republic [2025] KEHC 10329 (KLR)

Court

High Court

Case number

Criminal Appeal E051 of 2023

Judge

WA Okwany

The High Court quashed a manslaughter conviction after finding the guilty plea was not unequivocal and the trial court failed to follow plea-taking safeguards.

• Plea Taking
• Manslaughter
• Unequivocal Plea
• Right To Counsel
• Fair Trial Rights
• Criminal-appeal

Syephen Wambugu Mwangi t/a Stemer Hardware & Paints v Apex Steel Limited

Syephen Wambugu Mwangi t/a Stemer Hardware & Paints v Apex Steel Limited [2025] KEHC 8209 (KLR)

Court

High Court

Case number

Civil Appeal 367 of 2018

Judge

AC Mrima

The High Court allowed an appellant’s application to change advocates in a civil appeal, citing the right to counsel of choice and giving no order as to costs.

• Change Of Advocate
• Right To Counsel
• Notice Of Motion
• Execution Of Decree
• Change-of-advocate
• Right-to-counsel

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…

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

Larsen v Mbugua

Larsen v Mbugua [2025] KEHC 8327 (KLR)

Court

High Court

Case number

Civil Case 282 of 2018

Judge

JN Mulwa

The court found that the Applicant failed to demonstrate any real or perceivable conflict of interest or misconduct by the firm of Kaplan and Stratton Advocates that would warrant their recusal from representing the Respondent. The allegations made by the Applicant were deemed spurious, unsubstantiated, and lacking in evidentiary support. The court emphasized that the right to counsel of one's choice is constitutionally protected and that removal of an advocate is an extraordinary remedy only justified by clear evidence of conflict of interest, breach of confidentiality, or serious misconduct…

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• Recusal Of Counsel
• Conflict Of Interest
• Advocate Ethics
• Right To Counsel

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

Kirima & another v Mungania

Kirima & another v Mungania [2025] KEHC 7223 (KLR)

Court

High Court

Case number

Commercial Case E401 of 2024

Judge

PM Mulwa

The High Court declined to strike out Plaintiffs’ filings for a late Notice of Change of Advocates, treating the omission as a curable procedural irregularity.

• Notice Of Change Of Advocates
• Striking Out Pleadings
• Procedural Irregularity
• Right To Counsel
• Notice-of-change-of-advocates
• Striking-out-pleadings

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

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