Lawyer Philip Nyachoti has moved to the High Court seeking permission for his law firm to stop representing Foxcapital Investment Limited in its case against KCB Bank (Kenya) Limited involving a disputed €976.7 million.
Nyachoti says he can no longer continue acting for Foxcapital because the company has allegedly failed to provide further, accurate and sufficient instructions needed to prosecute the case.
He further says the need for additional instructions arose following affidavits and documents filed by KCB in response to Foxcapital’s suit. “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 an affidavit filed in court.
According to court documents, Foxcapital instructed Nyachoti’s firm on July 27, 2026, to pursue a claim against KCB, including seeking the release and crediting of €976,675,835 to its account. Foxcapital claims the funds are being held by the bank.
Acting on those instructions, the law firm filed a plaint, verifying affidavit, witness statement and an urgent application on August 3, 2026. The High Court subsequently granted interim injunction orders ex parte.
When the matter came before the court on August 11, 2026, directions were issued and the application was scheduled for inter partes hearing on September 17, 2026. The interim orders were extended until then.
Nyachoti, however, says his firm subsequently made several requests to Foxcapital for further information and instructions following KCB’s response to the case. He claims Foxcapital failed to provide what the lawyers required, leaving the firm unable to continue representing the company.
Nyachoti is now asking the High Court for leave to formally cease acting for Foxcapital and to issue directions on the costs of the application. The firm argues that allowing it to withdraw from the case would be “just and fair.”
The underlying dispute between Foxcapital and KCB concerns Foxcapital’s claim to approximately €976.7 million, which it alleges should be released and credited to its account.
