https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3381

Imbani Dispensary v Abdi (Environment and Land Miscellaneous Application 195 of 2019) [2026] KEELC 3381 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELC 3381 (KLR) Republic of Kenya In the Environment and Land Court at Nairobi Environment and Land Miscellaneous Application 195 of 2019 CG Mbogo, J June 4, 2026 Between Imbani Dispensary Applicant and Abdulrahman Mohamed Abdi Respondent Ruling 1.Before me is the notice of motion dated 12th November, 2025 filed by the applicant and it is expressed to be brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 9 Rule 9 of the Civil Procedure Rules seeking the following orders:-1.Spent.2.The firm of Rene & Hans Advocates LLP be and is hereby granted leave to come on record and act for/represent the applicant herein alongside the firms of M/S P.G Kaingu & Co. Advocates and M/S Wanjiru Thungu & Co. Advocates.3.Costs of this application be in the cause. 2.The application is premised on the grounds inter alia that it has been instructed by Julius Musyoka Kilonzo to come on record and represent the applicant. The application is supported by the affidavit of Julius Musyoka Kilonzo, the founding chairperson of the applicant sworn on even date. He deposed that the court on 17th October, 2021 converted the award of the National Land Commission into a judgment of the court, and since then, the applicant has not realized the fruits of the judgment as a result of lack of interest by the advocates on record. The applicant deposed that for this reason, he has instructed the firm of Rene & Hans LLP to come on record and pursue execution of the decree. 3.Interestingly, the application was opposed vide the replying affidavit of Julius Musyoka Kilonzo, sworn on 16th December, 2025. He averred that he never instructed the law firm M/S Rene & Hans Advocates LLP to represent him or act on his behalf. He further averred that the supporting affidavit purportedly sworn by the said firm was fraudulently obtained. He claims the advocates misled him into signing a document he did not understand because its meaning was not explained to him. 4.He reiterated that his actual lawyers were P.G. Kaingu & Co. Advocates and Wanjiru Thungu & Co. Advocates, who have been on record from the beginning and were adequately representing his interests. He further deposed that there was no legal provision for an advocate to act alongside another who was already on record for a party. 5.The firm of P. G. Kaingu & Company filed their grounds of opposition dated 15th December, 2025 challenging the instant application on the following grounds:-1.The notice of motion as drawn is frivolous, vexatious and otherwise an abuse of the court process.2.The notice of motion is misplaced, incurably defective and improperly before the honourable court.3.The notice of motion raises no reasonable cause of action as the prayers sought therein do not exist in law; the same should be dismissed with costs. 6.This court directed that the application be canvassed by way of written submissions. Neither of the advocates filed their respective written submissions. Be that as it may, I have considered the application and responses filed and the sole issue for determination is whether the application is merited. 7.I have perused the court record in this matter and I note that on 6th January, 2025 the said Julius Musyoka Kilonzo instructed the firms of M/S P.G Kaingu & Co. Advocates and M/S Wanjiru Thungu & Co. Advocates to represent the applicant in the execution of the matter. Equally, there was a dispute as to representation which was resolved vide the ruling delivered on 24th April, 2025. The applicant has further distanced himself from issuing instructions to the firm of M/S Rene & Hans Advocates LLP, and without further evidence confirming such instructions, it is my view that no sufficient basis has been laid to consider this application. 8.I find the notice of motion dated 12th November, 2025 frivolous and a waste of precious judicial time. It is hereby dismissed. I make no orders as to costs.It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 4TH DAY OF JUNE, 2026.HON. MBOGO C.G.JUDGE04/06/2026.In the presence of:Ms. Vena Atieno - Court assistantMs. Thungu for the ApplicantMs. Jaleb holding brief for Mr. Abdulrahman for the RespondentMr. Isaac Rene for the Applicant in respect of notice of motion dated 12th November, 2025