Mukira & another v Wakf Commissioner of Kenya & another (Civil Application 61 of 2020) [2022] KECA 1090 (KLR) (7 October 2022) (Ruling)

Facts

The 1st and 2nd appellants (Mukira and Mukira) had instructed Kanyi J. & Company Advocates to act in their appeal against the judgment of Munyao Sila, J. in ELC 276 OF 2018. The advocates ceased acting for the appellants after the judgment was entered on 16th July 2020, and the appellants did not provide further instructions. The advocates then applied to cease acting before the superior court, which was allowed. The advocates subsequently applied to cease acting before the Court of Appeal, citing lack of further instructions.

Issues

1. Whether the applicant's firm has the right to cease acting for the appellants
2. Whether the applicant's firm has demonstrated that it no longer has an advocate/client relationship

Reasoning

The court found that the applicant's firm has expressed its wish to cease acting for the appellants due to lack of further instructions, and that the same has become untenable. The court also noted that this is the second time the applicant's firm is bringing such an application, and the appellants have not contested the application.

Outcome

The application is allowed.

Authorities cited