ADVOCATES CONFLICT OF INTEREST CASE LAWS WITH SAMPLE PLEADINGS
1. Charles Gitonga Kariuki v Akuisi Farmers Co. Ltd [1] The firm of Karanja Mbugua & Company advocates had acted for the plaintiff in a claim seeking to recover a debt of Kshs. 3 million from the defendant. The defendant’s counsel raised a preliminary objection challenging the appointment of the plaintiff’s advocates firm submitting that they had acted for the defendant in several other cases. He submitted that the defendants were apprehensive that the plaintiff’s counsel would use information acquired from the defendant to their disadvantage. The court held that it is not enough for the applicant to allege that opposing counsel acted for the defendant in several matters because the simple fact that the advocate acted for a litigant does not lead per se to a conflict of interest. The court dismissed the preliminary objection on the ground that the applicant had not tendered evidence that showed that the plaintiff’s counsel had been intimately invol...