The Court of Appeal has ruled against a request to strike out the notices of appeal and pleadings lodged by MALI Advocates in a dispute involving Cytonn Investment Management and several affiliated parties.
This decision follows a legal challenge that saw the advocate’s compliance with practice rules scrutinized by the court.
The case centers on a series of pleadings filed by MALI Advocates in December 2023, amid controversy surrounding the law firm’s registration status.
The Law Society of Kenya (LSK) had issued a letter barring the firm from offering legal services, though MALI Advocates was not aware of the disbarment when the pleadings were filed, as the firm did not receive the notice until January 2024.
The official request to strike out the pleadings came from the Official Receiver and SBM Bank, who argued that MALI Advocates, having violated practice rules by failing to comply with certain registration protocols, should not be allowed to continue with the case.
In its ruling, the Court emphasized that striking out pleadings is a drastic measure, used only in the most compelling circumstances.
Although the Court acknowledged that MALI Advocates had contravened the Advocates (Practice) Rules by filing pleadings after receiving the LSK’s disbarment notice, it ultimately determined that striking out the pleadings would be an unjust and excessive remedy.
“In the circumstances, the order that finds favour with us is to preserve the impugned notices of appeal and pleadings while enforcing the LSK’s letter disbarring MALI,” read the ruling in part.
“Consequently, we decline the invitation to strike out the impugned pleadings.”
The Court sought to balance the integrity of legal practice with the right of the respondents to access justice.
As a result of the decision, MALI Advocates LLP remains barred from representing Cytonn Investment Management and other associated parties in the ongoing legal proceedings.
However, the impugned notices of appeal and pleadings remain valid, pending further developments in the case.
