Today, the most difficult assignment for a litigation Advocate is explaining a ridiculous decision to the client.
I write to the client telling him that the application for judgment, for want of a defense against the Land Registrar, which was unopposed, was dismissed. He calls, “Wakili sielewi.”
I think quickly and remember what a Maasai client told me about a matter. “The Judge has said that your case is too good to be heard by one Judge. It will now be heard by three Judges”, his Advocate told him. He came to understand that they had lost at the High Court five years later when the appeal was determined. Do not laugh.
“Judge amesema hiyo kesi ni mzuri sana. Anataka awaone face to face kabla atuambie kwamba wale jama ni wezi wa shamba” I told him. He seemed satisfied. It was the equivalent of saying that the Court determined that there is a triable issue notwithstanding the fact that the case is undefended. These are the problems we go through because Judges have refused to apply the law.
Yesterday on behalf of a client we filed the first Marex tort claim in Kenya. We filed a suit for Kshs 5.7 billion (about US$ 45 million) against a leading commercial bank in the East African region. The Marex tort was developed by the English Supreme Court and states that where a third party gatecrashes into a suit between the parties at the stage of executing a decree and tries to help the judgment debtor delay or escape execution, the decree holder has a claim for damages againt the said gatecrasher. The Marex tort insulates the court decree againt "sponsored, mercenaries and robbers barons" hired by the judgment debtor to defeat the decree issued by court.
🚨 LEGAL UPDATE🚨
Writing a Will is not about death; it is a final, proactive act of responsibility to ensure your voice is heard when you no longer can.
Read our full commentary here: https://t.co/bWG0Nw2y8X
By Kigata Caxstone Phelix, Nickson Jectone & Wendy Macharia
In the practice of law, we often speak of protection, advocacy, and the building of lasting legacies. Today, we pause to honor the women who embody these principles daily; our mothers.
Wishing you a day of well-deserved rest and celebration.
#MothersDay2026