Case law
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Division and case type: High Court DivCivil Appeal
…It was filed by the appellant under Sections 1A, 1B, 3, 3A, & 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules and Section 51 of the Advocates Act, Cap 16, Laws of Kenya, for orders that: [a] Spent…
…I noted that the application has been brought under Section 51(2) of the Advocates Act, which states: (2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the…
Division and case type: CivilCivil Case
…Secondly Mabeya argued the proper procedure to resolve disputes between advocate and client is set out under the Advocates Act. Section 53 is relevant.…
…This proposal may be the correct interpretation but here the criminality of the client’s complaint does not arise until the procedure under the Advocates Act is exhausted.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…He cites section 60(3) of the Advocates Act, which allows the 2nd respondent to dismiss a complaint, at any stage, where no prima facie case is established.…
…It is submitted that section 60(3) of the Advocates Act, allows it to dismiss a complaint at any stage of the proceedings.…
Division and case type: High Court CivilCivil Appeal
…The Appellants rely primarily on the Advocates Act. They emphasize Section 45(1)(b) to support the validity of the initial fee agreement.…
…It is strictly regulated by the Advocates Act. Section 45 allows parties to agree on remuneration as follows: “45.…
Division and case type: High Court CivilCivil Appeal
…Article 159(2)(d) of the Constitution; section 34B(2) of the Advocates Act, Cap 16, Laws of Kenya; National Bank of Kenya vs.…
…Act, the trial court failing to draw issues, and the court failing to give the plaintiffs the option to withdraw the impugned pleadings and filing fresh pleadings. 7.…
Division and case type: CivilCivil Case
…Section 34(1) of the Advocates Act provides:- “No unqualified person shall, either directly or indirectly, take instructions or draw or prepare any document or instrument”.…
…It is also noteworthy that the Advocates Act itself makes provision for the recovery of the fees paid to such an advocate.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The application was based on the following key grounds: a) That the claim is totally defective as it was filed in contravention of Section 60 of the Advocates Act Cap 16 Laws of Kenya that provides the forum where complaints…
…Act which provides that any person can lodge a complaint of professional misconduct with Advocates Disciplinary Tribunal.…
Division and case type: High Court CivilCivil Appeal
…Article 159(2)(d) of the Constitution; section 34B(2) of the Advocates Act, Cap 16, Laws of Kenya; National Bank of Kenya vs.…
…Act, the trial court failing to draw issues, and the court failing to give the plaintiffs the option to withdraw the impugned pleadings and filing fresh pleadings. 7.…
Division and case type: High Court DivCivil Appeal
…The application was filed by the respondent/applicant, Geoffrey Amiani Jesumei pursuant to Sections 1A, 1B, & 3A of the Civil Procedure Rules as well as Section 51(2) of the Advocates Act, Chapter 16 of the Laws of Kenya…
…Act, Chapter 16 of the Laws of Kenya and the Advocates (Remuneration) Order is a special procedure intended for the expeditious resolution of disputes arising between advocates and their clients over the quantum of fees…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I am satisfied that the Advocate was qualified person within the meaning of Section 9 of the Advocates Act” 7.The learned Hon.…
…Magistrate did not stop there but went further to state that Section 9 of the Advocates Act is clear and refers to an individual Advocate.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Act.…
…That the said advocate equally failed to obtain a Certificate of Taxation as required under Section 51(2) of the Advocates Act, while the 3rd Respondent proceeded to act on the Proclamation Notice in the absence of the requisite…
Division and case type: CivilCivil Appeal
…The Advocates Act (Cap. 16 Laws of Kenya) provides very clear safeguards for clients whose moneys may be misappropriated by advocates. The advocates have to comply with The Advocates(Accounts) Rules.…
…Any dishonest lawyer will be subject to the jurisdiction of The Disciplinary Committee as set out in the Advocates Act. Insurers cannot take upon themselves the alleged duty of protecting the "insuring public".…
Division and case type: CivilCivil Appeal
…The Council of the L.SK had and always has, the right to interfere with the management of any law firm including that of a deceased advocate to ensure that it is run in accordance with the Advocates Act.…
…There is no doubt whatsoever that before his death on 5th July, 1995, the deceased held a valid practising certificate as an advocate, was subject to the provisions of the Advocates Act and to the mandatory member ship of…
Division and case type: High Court DivCivil Appeal
…The Applicant further cites Section 2 & 34B of the Advocates Act and the case of National Bank of Kenya Ltd vs Anaj Warehousing Ltd (Petition No. 36 of 2014) [2015] KESC 4 (KLR) (2 December 2015) (Judgment) and submits that…
…The Court was emphatic that Section 34 of the Advocates Act, did not invalidate the documents prepared by an advocate who lacked a current practicing certificate.…
Division and case type: CivilCivil Appeal
…A recognised agent is stated but not an advocate whose definition appears in the Advocates Act (Cap. 16).…
…There is a bar on unqualified persons acting as advocates in the Advocates Act aforesaid: S.3l(l) Subject to Section 83, no unqualified person shall act as an advocate, or as such cause any summons or other process to issue…
Division and case type: CivilCivil Appeal
…The Council of the L.SK had and always has, the right to interfere with the management of any law firm including that of a deceased advocate to ensure that it is run in accordance with the Advocates Act.…
…There is no doubt whatsoever that before his death on 5th July, 1995, the deceased held a valid practising certificate as an advocate, was subject to the provisions of the Advocates Act and to the mandatory member ship of…
Division and case type: CivilCivil Appeal
…The Council of the L.SK had and always has, the right to interfere with the management of any law firm including that of a deceased advocate to ensure that it is run in accordance with the Advocates Act.…
…There is no doubt whatsoever that before his death on 5th July, 1995, the deceased held a valid practising certificate as an advocate, was subject to the provisions of the Advocates Act and to the mandatory member ship of…
Division and case type: CivilCivil Case
…A recognised agent is stated but not an advocate whose definition appears in the Advocates Act (Cap. 16).…
…There is a bar on unqualified persons acting as advocates in the Advocates Act aforesaid: S.3l(l) Subject to Section 83, no unqualified person shall act as an advocate, or as such cause any summons or other process to issue…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…serious questions of law, particularly whether the trial court erred in directing that part of the agreed advocate-client fees be subjected to taxation notwithstanding a valid fee agreement contrary to Section 45 of the Advocates…
…Act.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is further submitted that an advocate's lien can only arise in accordance with the Advocates Act after the advocate's costs have been ascertained through taxation and cannot be exercised in respect of unrelated matters…
…October 2025 shall be deemed as duly filed and served, and AKO Advocates LLP shall be properly on record for the Respondent. e) The outgoing advocates shall remain at liberty to pursue all lawful remedies available under the Advocates…