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Court of AppealAllowedCivil Appeal (Application) E875 of 2022· [2026] KECA 1690 (KLR)

Waweru v University of Nairobi

Court of Appeal
25 September 2026
AMA.O. Muchelule
525 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal confirmed advocates can quit a case with a judge's permission when communication with their client breaks down.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal, Nairobi, delivered by Muchelule, JA sitting as a single Judge, on an unopposed application dated 23rd February 2026 by M/s Lutta & Company Advocates, counsel on record for the respondent, the University of Nairobi, in Civil Appeal (Application) E875 of 2022. The firm sought leave to cease acting under Rule 23(2) of the Court of Appeal Rules, 2022, supported by an affidavit of Patrick Lutta, SC. It deponed that communication between the firm and the respondent had broken down, that the respondent was no longer furnishing instructions necessary to prosecute the appeal, and that the firm no longer wished to continue acting. The respondent filed no reply or submissions, so the application was unopposed. The Judge restated the general principles: courts allow advocates to cease acting where the advocate-client relationship has broken down, instructions have ceased, or continued representation would be impractical, unethical or amount to forced servitude, provided the administration of justice is not prejudiced, since an advocate cannot be compelled to act against their will. Finding the application merited, the court granted leave to Lutta & Company Advocates to cease acting for the respondent, with no orders as to costs. Under Rule 23(2), the firm is deemed to have ceased acting upon service on the respondent of a certified copy of the order. The ruling does not disturb any decision below and concerns only representation, not the merits of the appeal.

Key legal issues

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01

When a court will grant an advocate leave to cease acting for a client

Holding

Leave is granted where the advocate-client relationship has broken down, instructions are no longer forthcoming, or continued representation would be impractical or unethical, provided the administration of justice is not prejudiced.

Reasoning

The court set out the general principles governing cessation of representation: breakdown of the relationship, failure to give instructions, persistent uncooperativeness or non-communication justify release of counsel. The court balances these against the risk of prejudicing the administration of justice, recognising that an advocate cannot be compelled to act against their will. The application was unopposed and the firm deponed that communication with the respondent had broken down, so leave was granted.

p. 2

Legal principles established

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  • An advocate in a civil appeal may only cease acting for a party upon obtaining leave of a single Judge by notice of motion, and is deemed to have ceased acting upon service of a certified copy of the order on the party.

Court orders

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  1. 1.Leave granted to the firm of Lutta & Company Advocates to cease acting for the respondent
  2. 2.No orders as to costs
Jurisdiction invoked
Rule 23(2) of the Court of Appeal Rules, 2022

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, "Waweru v University of Nairobi", Case Analysis (2026). Civil Appeal (Application) E875 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1690/eng@2026-09-25

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