In light of the decision by the Court of Appeal in Wilfred Konosi t/a Konosi and Company Advocates v Flamco Limited [2017] eKLR, the Deputy Registrar has the jurisdiction to deal with the issue whether or not there is a retainer, written or otherwise, as a preliminary issue and make a decision thereon. Further, whether or not there is a retainer is a question of fact and evidence and is not amenable to a preliminary objection unless there are undisputed facts.
The Preliminary Objection dated 13.04.2023 is dismissed with costs assessed at Kshs. 15,000.00.
Mention on 25.10.2023 before the DR for further directions and orders.
DATED and DELIVERED at NAIROBI this 12th day of OCTOBER 2023
D. S. MAJANJA
JUDGE