Agoya v Wandera (Civil Application E024 of 2026) [2026] KECA 2063 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KECA 2063 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KAKAMEGA CIVIL APPLICATION E024 OF 2026 P NYAMWEYA, JA JULY 17, 2026 BETWEEN LINUS DON BOSCO AGOYA ................................................................ APPLICANT AND PATRICK ODUORI WANDERA ...................................................... RESPONDENT (An application by the Appellant’s Advocates to cease acting in respect of the appeal against the Judgment and decree of the Environment and Land Court at Kajiado (M. N. Gicheru J.) delivered on 27th April 2023 in Kajiado ELC Suit No. 197 of 2017)) RULING 1. The rm of D.K. Nabulindo & Company Advocates (hereinafter “the Applicant”), has led an application in this Court by way of a Notice of Motion dated 16th April 2026, in which it seeks leave to cease from further acting for the respondent herein. The application is supported by an adavit sworn on even date by Nabulindo Kahuya Dolan, the advocate seized of the appeal. He avers that the rm of advocates has since the ling of the appeal lost contact with the respondent, and has not received instructions. The Applicant is therefore not in a position to continue acting for or on behalf of the respondent. 2. I heard the application in chambers in the absence of the parties on 8th July 2026, and have considered the reasons put forth by the Applicant. Rule 23 (2) of this Court’s Rules provides as follows in this regard: “An advocate who desires to cease acting for any party in a civil appeal or application, may apply by notice of motion before a single Judge for leave to so cease acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party of a certied copy of the order of the judge.” https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2063/eng@2026-07-17 1
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The requirements to be met under this Rule were explained by Nambuye JA as follows in the case of Kenya Tea Agency & Another v Samuel W’njuguna & 115 Others [2021] eKLR: “ The Rule is permissive. All that an advocate needs to do under the above Rule to earn the courts intervention is for such an advocate to express the desire to cease acting and then cause the desire to cease acting to be brought to the attention of his client.” 3. I note that that it is indicated that the application was served on the respondent, and that after the Applicant led the application to cease acting, a Notice to Act in Person dated 19th May 2026 was led by the respondent. Lastly, the respondent he did not oppose the application. It is thus evident that there is clear intent on the part of the respondent and his erstwhile counsel to part company. 4. It is thus my nding that the application dated 16th April 2026 is merited, and the rm of D.K. Nabulindo & Company Advocates is hereby granted leave to cease acting for the respondent in this appeal. There shall be no order as regards the costs of the application. 5. Orders accordingly. DATED AND DELIVERED AT KAKAMEGA THIS 17TH DAY OF JULY, 2026. P. NYAMWEYA ...................................... JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2063/eng@2026-07-17 2
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