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…REPUBLIC OF KENYA Manzi v Republic High Court, at Machakos (Appellate Side) March 18, 1985 O’Kubasu J Criminal Appeal No 966 of 1984 (Appeal from the District Magistrate’s court at Kitui, Traffic case No 1281 of 1984) Advocates…

…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 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.…

…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.…

…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.…

…Advocates who had been actually participating in this file. Both parties wished to have this file transferred to Meru as most of the witnesses reside there.…

…The advocate for the defendant did not appear for hearing on 19.3.96, when he had been duly served. He did mention to the advocate for the plaintiff that he was no longer on record. This is not enough.…

…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 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.…

…She also produced a receipt for Ksh 7,000/- for the letters of administration being the advocates fees. This item was objected to by the advocate for the defendant.…

…The advocate for the defendant stated that an award for pain suffering and loss of Amenities be given at Ksh. 25,000/- only. He recorded therefore that a multiplier of 8 be given.…

…The Respondent’s Advocate did not attend court despite service with the hearing notice.…

…Unlike in the cited case where no papers were filed in reply to the application, and where the Advocate sent his pupil to seek adjournment, the Plaintiff’s Advocate in the instant case filed a replying affidavit.…

…; 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.…

…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…

…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.…

…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.…

…It gives me opportunity to issue a warning to Advocates and litigants.…

…The application was heard, stay was granted and Advocate Khaminwa given 28 days to file the appeal. This was because the Court of Appeal appreciated the urgency of the matter.…

…Both appellants were represented at their trial by Mr S K M Mwangi, advocate, and the date of their respective sentences was the March 27, 1984.…

…The reason each appellant gave for the delay in preparing his appeal until July, 1984, (not July, 1983, as the record erroneously states) was that he was waiting to hear from his advocate, meaning Mr S K M Mwangi.…

…In a supporting affidavit sworn by Mr Wandaka the advocate who had the conduct of the suit, it is deponed that the applicant’s firm of advocates applied for proceedings and judgment on June 5, 1986, two days after the judgment…

…was read and copied the letter to the respondent’s advocate, that despite regular checking on the typed copies of proceedings and judgement, it was not until October 1, 1986 that a letter inviting the applicant’s advocate…