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…REPUBLIC OF KENYA NIMA INVESTMENTS LIMITED ..............................APPLICANT AND STEPHEN MBUKI KIMANI ..................................RESPONDENT R U L I N G Having heard advocates for both parties and in all the circumstances…

…The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the…

…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.…

…The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the…

…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.…

…The reason for non action in these matters has been blamed on the applicant's previous advocate Onyango Otieno who though he filed a notice of appeal within time, had let the applicants down in not collecting the record of…

…But by 26th November, 1996 some 5 days later, the applicants had obtained the services of another firm of advocate, Oyatta & Associates who filed a notice of appointment on that latter date.…

…Now when this application was heard on August 2, 1979, the respondent and his advocate were present and so was the appellant but again his advocate was not there.…

…the appellant and his advocate were not there.…

…The respondent appointed M/s Ndungu Njoroge & Kwach as its advocates who duly lodged in the superior court a notice of appointment of advocates and served a copy thereof on the appellants' advocates.…

…The notice of appointment of advocates quite clearly points out that the advocates were appointed to act for the respondent in the suit itself.…

…Each client has a separate retainer relationship with the common advocate.…

…This principle applies equally where an advocate acts for two or more clients in the same transaction or subject matter because the retainer is specic between the individual client and the common advocate.…

…The appellant's insurers acting through their advocates, setlled the claim of the respondent who was the injured party. The respondent was represented by the firm of M/S. Mutula Kilonzo & Company Advocates.…

…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.…

…The deceased, who at the time of his death, on 5th July 1995, was an advocate of the High Court of Kenya, was a member of LSK, and on account of such membership and pursuant to the Advocates (Accounts) Rules, made under the…

…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.…

…The defendants will have none of that and so through their advocate Mr Kwach have appealed to this court on the following grounds: (1) That the learned judge erred in law in granting the respondent an indefinite ex parte…

…To this end, K Mwaura & Company Advocates (the advocates), were instructed by the proprietors to find a buyer.…

…He saw that the price at which the plot was to be sold was Kshs 550,000/- and he must have seen that the respondent was the buyer and the advocates acting for both the respondent and the sellers were M/s K Mwaura & Co Advocates…

…A copy of this letter was sent to the advocate of the Respondent.…

…by the Registrar and that the signed notice of appeal was only ready on 22nd February, 1996, and served on the Respondent's advocates on 28th February, 1996.…

…I find that the advocates ought to have moved stenuously to save their client in May, 1986 as soon as they had found out what had happened, and they did not do so.…

…I put this delay down to the advocates as they ought to have shouldered the burden fully, without blaming their client for not bringing further fees.…

…; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional hands of his advocates, his mistake should not be visited upon the applicant.…

…However the advocate told him that he would write to him as the advocate was in a hurry to attend another matter in another court. The advocate never wrote to him and in December, 1989 he went to the advocates office.…

…; and that as the applicant had fully entrusted the prosecution of the appeal in the ......... professional hands of his advocates, his mistake should not be visited upon the applicant.…

…However the advocate told him that he would write to him as the advocate was in a hurry to attend another matter in another court. The advocate never wrote to him and in December, 1989 he went to the advocates office.…

…Mwaniki’s firm of advocates was appointed to act for the applicant in place of the former advocate who filed notice of appeal, the latter advocates, on perusal of the proceedings and the ruling of the superior court, realized…

…Change of advocates took place on 26th March 2009. The superior court granted leave on 23rd October 2009 and this application was lodged on 12th November 2009, about 20 days later. Mr.…

…Lengthy submissions by advocates on both sides were made and on 15th December 1993, we delivered our ruling rejecting the application.…

…At the insistence of Mr Lakha who was the leading advocate for the Corporation the Court then fixed the hearing for 31st October, 1994.…

…But a Notice of Appointment of Advocates is generally filed by advocates to enable them to conduct interlocutory proceedings on behalf of their client(s) prior to service of summons.…

…Such a document gives the relevant locus standi to advocates to appear for their client(s) prior to service of summons. In fact it would be prudent for an advocate to file such a Notice which Mr. Ibrahim did.…

…The address for service for the appellants is care of Mohamed & Muigai Advocates, Hazina Towers, P O Box 61323, Nairobi.…

…It is intended to serve copies of this Notice on: - SATISH GAUTAMA ADVOCATES INTERNATIONAL HOUSE P O BOX 47413 NAIROBI DATED at Nairobi this 24th day of March, 1997.…