Lawyer Philip Nyachoti has moved to withdraw his law firm from a major court battle involving Foxcapital Investment Limited and KCB Bank Kenya, saying the company has failed to provide sufficient instructions necessary for the firm to continue representing it.
Nyachoti & Company Advocates has asked the High Court for permission to cease acting for Foxcapital in a dispute involving approximately €976.7 million, equivalent to about Sh145 billion, which Foxcapital claims should be released and credited to its bank account.
According to court documents, the law firm was instructed by Foxcapital on July 27, 2026, to pursue the claim against KCB. Acting on those instructions, the lawyers filed a plaint, verifying affidavit, witness statement and an urgent application on August 3.
The High Court subsequently granted interim injunction orders on an ex parte basis. When the case returned to court on August 11 for directions, the interim orders were extended and the matter scheduled for an inter partes hearing on September 17.
The relationship between Foxcapital and its lawyers, however, appears to have deteriorated as the proceedings progressed.
Nyachoti says KCB subsequently filed affidavits and other documents responding to Foxcapital's case, prompting his firm to seek additional information and instructions from its client. According to his affidavit, several requests were made for further instructions that would enable the lawyers to adequately address the material presented by the bank.
The lawyer claims those instructions were not sufficiently provided, leaving his firm unable to continue representing Foxcapital effectively.
Nyachoti has consequently asked the court to formally release Nyachoti & Company Advocates from its responsibilities as Foxcapital's legal representative. Under civil procedure rules, advocates already appearing for a party generally require a formal process to cease acting, ensuring that the withdrawal is properly recorded and that the client is notified.
The application does not itself determine the merits of Foxcapital's multibillion-shilling claim against KCB. Instead, it concerns whether Nyachoti's firm should continue representing the company as the underlying dispute proceeds through the High Court.
Foxcapital's case centres on its claim to €976.675 million that it alleges is being held by KCB. Given the size of the amount involved, the dispute has attracted significant attention, but the company's allegations remain claims before the court and have not been established as findings against the bank.
KCB has already responded to the proceedings through affidavits and supporting documentation, material that Nyachoti says created the need for more detailed instructions from his client.
The lawyer argues that without accurate and sufficient information from Foxcapital, his firm cannot properly continue handling the case. He has therefore asked the court to grant permission for the firm to withdraw and to issue appropriate directions concerning the costs associated with the application.
The development introduces another complication into an already substantial financial dispute. Should the court approve Nyachoti's request, Foxcapital would have to proceed under the applicable court process following the withdrawal of the advocates currently on record.
Attention will therefore remain on both the court's determination of the representation issue and the larger dispute between Foxcapital and KCB over the hundreds of millions of euros at the centre of the case.
