Riley Falcon Security Services Limited v Samuel Michael Onyango & 5 others [2017] KEHC 1803 (KLR)
- Court
- High Court of Kenya
- Case number
- 1803
- Citation
- [2017] KEHC 1803 (KLR)
- Decided
- 9 November 2017
The court finds no real mischief and real prejudice will result if the firm of S.M. Onyango& Associates is allowed to act but Mr. Samuel Michael Onyango is barred from acting for the 2nd, 3rd, 5th and 6th defendants/respondents.
Facts
The plaintiff, Riley Falcon Security Services Limited, sought to disqualify the defendants' (Samuel Michael Onyango and five others) legal representation due to a conflict of interest.
Issues
- Whether there is a conflict of interest between the defendants and the plaintiff
- Whether the defendants' legal representation should be disqualified
Reasoning
The court considers the principles set out in Delphis Bank Ltd vs Chatt & 6 Others and Francis Mugo & 22 others vs James Bress Muthee & 3 others, finding that the conflict of interest is not real and that the defendants' representation should not be disqualified.
Outcome
The application is dismissed with costs to the 2nd, 3rd, 5th and 6th defendant/respondents.
Orders
- The application is dismissed
Authorities cited
Cases cited (4)
- Delphis Bank Ltd vs Chatt & 6 Others
- Francis Mugo & 22 others vs James Bress Muthee & 3 others
- Riley Falcon Security Services Limited v Maseno University & another
- William Audi Ododa & Another vs John Yier & Another
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