Machuma v Kalikania
The bottom line
#Kenya's Court of Appeal let a lawyer stop representing a client who disappeared and stopped giving instructions, confirming advocates can exit appeals under Rule 23(2).
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an advocate may be granted leave to cease acting for a party who has not given instructions since judgment below
Key legal issues
#Leave to cease acting for a party
Leave granted where the party had not communicated or given instructions since the judgment below and could not be traced.
The advocate applied under Rule 23(2) of the Court of Appeal Rules, 2022, which permits a single judge to grant such leave. The respondent had not visited the offices or communicated since the ELC judgment of 23rd May 2025, and efforts to trace him had failed. Leave was granted with directions to serve the certified order.
Legal principles established
#- Rule 23(2) of the Court of Appeal Rules, 2022 empowers a single judge to grant an advocate leave to cease acting, with the advocate deemed to have ceased upon service of a certified copy of the order.
Court orders
#- 1.Leave granted to the advocate to cease acting for the Respondent
- 2.Advocate directed to serve a certified copy of the order on all concerned parties
- 3.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court, Bungoma
- Bungoma Environment and Land Court Appeal E033 of 2022
- Jurisdiction invoked
- Rule 23(2) of the Court of Appeal Rules, 2022 (application to a single judge for leave to cease acting)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
On the application of the applicant, leave is granted to cease acting for the Respondent. The advocate is directed to serve a certified copy of the order on all concerned parties. Costs in the cause.
Under the Rule, the advocate would be deemed to have ceased from acting for the party upon service on the party of a certified copy of the order granting leave to cease from acting.
Issues in the judgment
#Caption names Agneta Machuma as applicant, but the body identifies the applicant as E. O. Kweyu & Co. Advocates seeking to cease acting for the Respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Machuma v Kalikania", Case Analysis (2026). Civil Application E007 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2036/eng@2026-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.