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Asman Omar Wafula a.k.a. Wafula A.O. Mutacho v. Nixon Sifuna Practising under the name and style of Sifuna & Sifuna Advocates

(2018) JELR 105568 (CA)

Court of Appeal  •  Civil Appeal 15 of 2016  •  17 May 2018  •  Kenya

Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed



[1] This is an appeal from an “Order” of the High Court (J.R. Karanja, J.) whereby the High Court ordered that the advocate and client bill of costs dated 19th January, 2014, be taxed by the Deputy Registrar of the Court.

[2] The appellant was a candidate in the March 4th, 2013 General Elections for the seat of Member of National Assembly for Saboti Constituency in Trans-Nzoia County. He lost the election to David Wafula Wekesa. The appellant being dissatisfied with declared results instructed the respondent to file an election petition challenging the election of his opponent. The respondent accepted the instructions and on 8th April, 2013 filed Election Petition No. 7 of 2013 at the High Court at Kitale against David Wafula Wekesa, Returning Officer and the Independent Electoral and Boundaries Commission. When the petition came for pre-trial conference on 27th June, 2013, the respondent was served with a notice of change of advocate and henceforth ceased to act f…

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