Kenya Electricity Transmission Company Limited v Biego & 19 others (Environment and Land Case 96 of 2021) [2025] KEELC 5539 (KLR)
The bottom line
#Kenya's High Court allowed a law firm to stop representing two clients who stopped giving instructions, confirming lawyers can withdraw when clients don't pay or communicate.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the firm of Betty Koech and Company Advocates should be allowed to cease acting for the 5th and 6th defendants for failure to give further instructions
Key legal issues
#Whether counsel may come off record where a client fails to give instructions
The application was allowed; counsel is permitted to cease acting for the 5th and 6th respondents who failed to give instructions and failed to fulfil obligations to counsel
The court applied Order 9 Rule 13 of the Civil Procedure Rules 2010. The application was undefended and the 5th and 6th respondents, though served, were absent. The affidavit evidence showed that despite several attempts, no instructions were forthcoming. The court invoked the constitutional value of the right to an advocate of one's choice and held that clients who fail to substantially fulfil obligations to their counsel cannot compel continued representation, so counsel deserved the orders sought.
Legal principles established
#- The right to legal representation by an advocate of one's choice is a valued constitutional right of a litigant
Court orders
#- 1.The firm of Betty Koech and Company Advocates allowed to cease acting for the 5th and 6th defendants/respondents only
- 2.The 5th and 6th respondents at liberty to engage another counsel, re-engage Betty Koech and Company Advocates, or act in person
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 9 Rule 13 of the Civil Procedure Rules 2010
Relief refused
#Discharge from representation of the 2nd, 3rd, 7th and 8th defendants
The other respondents intend to give counsel further instructions, so the orders were limited to the 5th and 6th respondents only
Costs of the application
Given the nature of the application, costs were not awarded
Costs
Given the nature of the application, there shall be no orders as to costs.
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.
The upshot of the foregoing is that the chamber summons dated 21st July 2025 is merited against the 5th and 6th respondents and the same is hereby allowed in terms of order NO. 2 sought therein
The 5th and 6th respondents are at liberty to engage another counsel or re-engage Betty Koech and Company Advocates or act in person.
Given the nature of the application, there shall be no orders as to costs.
The right to a legal representation or advocate of his choice is a most valued constitutional right to a litigant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Electricity Transmission Company Limited v Biego & 19 others (Environment and Land Case 96 of 2021) [2025] KEELC 5539 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5539/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.