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Case Brief · caselaw.co.ke
Court of AppealAllowedChamber Summons dated 2nd December 2025

Nderitu (Suing as the Administrator of the Estate of Paul Mwangi Nderitu) & another v Mwangi (Being sued as the Administrator of the Estate of Paul Mwangi Nderitu) & another (Civil Appeal (Application) E173 of 2024) [2026] KECA 367 (KLR)

Court of Appeal
27 February 2026
506 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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The Court of Appeal let a law firm stop representing a client because communication had broken down, provided the client was properly served with the application.

What this practically means

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Executive summary

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This is a single-Judge ruling of the Court of Appeal at Nairobi, delivered by Nyamweya JA on 27th February 2026, in an application by the firm of Shako & Company Advocates, by Chamber Summons dated 2nd December 2025, seeking leave to cease acting for the appellant in a pending appeal. The application, supported by an affidavit of Paul Thuo, was grounded on a breakdown of communication with the appellant such that the firm lacked instructions and could not continue prosecuting the appeal. The application was unopposed; affidavits of service sworn by Paul Thuo showed that the application, hearing notice and submissions were served on the appellant on 2nd December 2025 and 12th February 2026. The Judge applied Rule 23(2) of the Court of Appeal Rules, which permits an advocate desiring to cease acting in a civil appeal to apply by notice of motion before a single Judge, the advocate being deemed to have ceased acting upon service of a certified copy of the order. Adopting Nambuye JA's explanation in Kenya Tea Agency & Another v Samuel W'njuguna & 115 Others that the Rule is permissive and requires only that the advocate express the desire to cease acting and bring it to the client's attention, the court found the requirements met. Leave to cease acting was granted, with no order as to costs. Counsel-cited decisions of Mutunga & Company Advocates v Muithya and Gitau v Waititu supported the application but were party citations only.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the firm of Shako & Company Advocates should be granted leave to cease acting for the appellant in the appeal
  2. 2.Whether the requirements under Rule 23(2) of the Court of Appeal Rules, including service on the client, were met

Key legal issues

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Leave to cease acting under Rule 23(2) of the Court of Appeal Rules

Holding

The application was merited because the applicant demonstrated a breakdown of communication and lack of instructions, and proved service of the application on the appellant.

Reasoning

Rule 23(2) permits an advocate who desires to cease acting for a party in a civil appeal to apply by notice of motion before a single Judge for leave. Citing Kenya Tea Agency v Samuel W'njuguna, the court held the Rule is permissive: the advocate need only express the desire to cease acting and bring it to the client's attention. Affidavits of service evidenced service on 2nd December 2025 and 12th February 2026, so the requirements were satisfied and leave was granted, with no order as to costs.

p. 2

Legal principles established

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  • Under Rule 23(2), an advocate seeking to cease acting need only express the desire to cease acting and bring that desire to the attention of the client; leave follows where the Rule's requirements, including service, are complied with.

Court orders

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  1. 1.Leave granted to the firm of Shako & Company Advocates to cease acting for the appellant in the appeal
  2. 2.No order as regards the costs of the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Rule 23(2) of the Court of Appeal Rules (application before a single Judge for leave to cease acting)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The applicant has placed before the Court evidence of service of the application on the appellant and has therefore complied with the requirements of this rule.
p. 2Compliance with Rule 23(2)
It is thus my finding that the application dated 2nd December 2025 is merited, and the firm of Shako & Company Advocates is hereby granted leave to cease acting for the appellant in this appeal.
p. 2Final order granting leave to cease acting
There shall be no order as regards the costs of the application.
p. 2Costs

Issues in the judgment

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minor

The judgment does not state the case number or title of the appeal in which the application was filed, identifying the application only by date.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nderitu (Suing as the Administrator of the Estate of Paul Mwangi Nderitu) & another v Mwangi (Being sued as the Administrator of the Estate of Paul Mwangi Nderitu) & another (Civil Appeal (Application) E173 of 2024) [2026] KECA 367 (KLR)", Case Analysis (2026). Chamber Summons dated 2nd December 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/367/eng@2026-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.