Automated Summary
Key Facts
The case involves Mirugi Kariuki & Co Advocates (Applicant) seeking leave to cease acting for Isaac Ngugi Githua (Respondent) in Civil Appeal Application 40 of 2019. The application, filed on 16th May 2023, cites Rule 23(2) of the Court of Appeal Rules 2022, asserting that the Applicant had not received instructions from the Respondent despite repeated requests. The motion was unopposed, with service evidence dated 27th February 2025 and 3rd March 2025. The court granted the application, ordering that the Applicant's representation of the Respondent ceased upon service of the order and that no costs be awarded.
Issues
The court considered an application by Mirugi Kariuki & Co Advocates to cease acting for Isaac Ngugi Githua in a civil appeal, citing failure to receive instructions from the respondent despite repeated requests. The application was granted under Rule 23(2) of the Court of Appeal Rules 2022, which permits advocates to seek leave to withdraw from representation in civil appeals.
Holdings
The court allowed the application for M/s Mirugi Kariuki & Co. Advocates to cease acting for the respondent, Isaac Ngugi Githua, under Rule 23(2) of the Court of Appeal Rules 2022, citing lack of instructions from the respondent.
Remedies
- The court directs that there shall be no orders as to costs in this matter.
- The court orders that counsel for the respondent has ceased to act for the respondent upon serving the certified copy of the order.
Legal Principles
The court applied Rule 23(2) of the Court of Appeal Rules 2022, which outlines the procedure for advocates to cease acting for a party in a civil appeal. The applicant followed the required process by applying for leave to cease acting and serving the respondent with the application and hearing notice.
Precedent Name
Mirugi Kariuki & Co Advocates v Githua
Cited Statute
Court of Appeal Rules 2022
Judge Name
JM Mativo
Passage Text
- Rule 23 (2) of the Court of Appeal Rules 2022 requires an advocate who desires to cease acting for any party in a civil appeal or application to apply by notice of motion before a single Judge for leave to so cease from acting, and such advocate shall be deemed to have ceased to act for such party upon service on the party with a certified copy of the order of the Judge.
- Accordingly, I allow the application and order that- a. counsel for the respondent shall be deemed as having ceased to act for the respondent upon serving the respondent with a certified copy of this order; b. there shall be no orders as to costs.
- Vide an application dated 16th May 2023, brought under Rules 23 (2) of the Court of Appeal Rules 2022, and all other enabling provisions of the law, the applicant M/s Mirugi Kariuki & Co. Advocates prays for leave to cease acting for the respondent herein.