Lawyer Philip Nyachoti asks Court to allow his firm quit Foxcapital-KCB suit

Nyachoti says his firm can no longer continue representing Foxcapital because the company has allegedly failed to provide further, accurate, and sufficient instructions following documents and affidavits filed by KCB in response to the suit.

"The application seeks an order granting Nyachoti & Company Advocates leave to cease acting for Foxcapital, as well as directions on the costs of the application," reads court papers 

According to the court documents, Nyachoti's firm received instructions from Foxcapital on July 27, 2026, to pursue a claim against KCB, including the release and crediting of Foxcapital's account with €976,675,835 (976.7 million euros), which the company claims is being held by the bank.

The law firm subsequently filed a Plaint, Verifying Affidavit, Witness Statement and a Notice of Motion under a Certificate of Urgency on August 3, 2026.

The court initially issued interim injunction orders ex parte.

Nyachoti says the firm later appeared before the court on August 11, 2026, for directions on the application. The matter was then scheduled for an inter partes hearing on September 17, 2026, with the interim orders extended until then.

However, according to an affidavit sworn by Nyachoti, the firm subsequently made several requests for further instructions from Foxcapital.

He says the company failed to provide the information and instructions required, particularly in light of the affidavits and documents filed by KCB in response to Foxcapital's application.

“As such, the firm is not in a position to continue acting for and on behalf of the Plaintiff for want of further and sufficient instructions,” Nyachoti states in the affidavit.

Nyachoti says the firm therefore requires the court's permission to cease acting for Foxcapital under the applicable civil procedure rules.

The lawyer has urged the court to grant the application, arguing that it is “only just and fair” for his firm to be allowed to withdraw from the matter.

The matter is scheduled for hearing before the court, with the underlying dispute involving Foxcapital's claim against KCB over the alleged €976.675 million.