[2024] KEELC 6689 (KLR)
The court held that the Interested Parties are entitled to legal representation by an advocate of their own choice. There was no opposition to the change of advocates, and the court found no reason to deny the application for substitution. However, the prayer for stay of execution was not granted as the only...
Source-derived case information.
- Citation
- [2024] KEELC 6689 (KLR)
- Parties
- Plaintiff: Jackson Kagwima Kuria; Plaintiff: Joyce Wangechi Kuria; Plaintiff: Jane Mwihaki Kuria; Defendant: Rev Mark Anariko Onunda; Defendant: Jackson Macharia; Interested Party: Abdullahi Muiruri Muigai; Interested Party: Raymond Mwangi Waweru; Interested Party: Kariuki Njoroge; Interested Party: Peter Karumbi Keingati; Interested Party: Joseph Nduati Ngendo; Interested Party: Kiambu Dandora Farmers Co Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1204 of 2013
- Procedural Posture
- Chamber Summons / Ruling on Application for Change of Advocates and Stay of Execution
- Outcome
- Application for leave to change advocates allowed; prayer for stay of execution not granted; no order as to costs.
- Judges
- MD Mwangi
- Legal Topics
- Change of Advocates, Leave to Appear, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Kagwima Kuria
Plaintiff
Joyce Wangechi Kuria
Plaintiff
Jane Mwihaki Kuria
Plaintiff
Rev Mark Anariko Onunda
Defendant
Jackson Macharia
Defendant
Abdullahi Muiruri Muigai
Interested Party
Raymond Mwangi Waweru
Interested Party
Kariuki Njoroge
Interested Party
Peter Karumbi Keingati
Interested Party
Joseph Nduati Ngendo
Interested Party
Kiambu Dandora Farmers Co Ltd
Interested Party
Procedural Posture
Chamber Summons / Ruling on Application for Change of Advocates and Stay of Execution
Legal Issues
- 1 Whether the Interested Parties should be granted leave to change their advocates from Njiru Boniface & Company Advocates to MAW Advocates LLP.
- 2 Whether the Interested Parties are entitled to an order for stay of execution of the judgment dated 27th July, 2023.
Ratio Decidendi
The court held that the Interested Parties are entitled to legal representation by an advocate of their own choice. There was no opposition to the change of advocates, and the court found no reason to deny the application for substitution. However, the prayer for stay of execution was not granted as the only opposition from the Plaintiffs was to that aspect, and the court did not find merit in granting a stay. The application for leave to substitute advocates was allowed, with no orders as to costs.
Court Disposition
Application for leave to change advocates allowed; prayer for stay of execution not granted; no order as to costs.
Orders
- Leave is granted to the Interested Parties to substitute their previous Advocates with MAW Advocates LLP.
- No order as to costs.
Full Case Text
Judgment text and source record
41 paragraphs
Kuria & 2 others (Suing as administrators of the Estate of Geoffrey Kuria - Deceased) v Onunda & another; Muigai & 5 others (Interested Parties) (Environment & Land Case 1204 of 2013) [2024] KEELC 6689 (KLR) (4 July 2024) (Ruling)
Neutral citation: [2024] KEELC 6689 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 1204 of 2013
MD Mwangi, J
July 4, 2024
Between
Jackson Kagwima Kuria
1st Plaintiff
Joyce Wangechi Kuria
2nd Plaintiff
Jane Mwihaki Kuria
3rd Plaintiff
Suing as administrators of the Estate of Geoffrey Kuria - Deceased
and
Rev Mark Anariko Onunda
1st Defendant
Jackson Macharia
2nd Defendant
and
Abdullahi Muiruri Muigai
Interested Party
Raymond Mwangi Waweru
Interested Party
Kariuki Njoroge
Interested Party
Peter Karumbi Keingati
Interested Party
Joseph Nduati Ngendo
Interested Party
Kiambu Dandora Farmers Co Ltd
Interested Party
Ruling
1. The application under consideration is the Chamber Summons dated 23rd April, 2024 expressed to have been brought under the provisions of Article 159 of the Constitution, Sections 1A, 1B and 3A of the Civil Procedure Act, and Order 1 rule 10(2) of the Civil Procedure Rules. The applicants are the six (6) Interested Parties who pray that the Court do grant leave to the firm of Maw Advocates LLP to come on record for them in place of their previous Advocates. The other prayer in the application is spent as the Applicants were seeking stay of execution of the judgment dated 27th July, 2023 and all consequential orders pending the hearing and determination of the application.
2. The application is premised on the grounds on the face of it and on the supporting affidavit of Joseph Mwangi Karanja.
3. The Applicants aver that they had instructed the firm of Njiru Boniface & Company Advocates to act for them until judgment was rendered. They now wish to replace their counsel on record with MAW Advocates LLP with a view to challenging the decision of this Court.
4. The plaintiffs have responded to the application by the Interested Parties vide the replying affidavit deposed on their behalf by Joyce Wangechi Kuria on 26th June, 2024. The deponent deposes that the Plaintiffs are not opposed to the grant of leave to the Interested Parties to change their Advocates. Their objection is to the grant of orders of stay of execution.
5. I need to state that every party in a suit has a right to be represented by an Advocate of his or her own choice. The Interested Parties are entitled to an Advocate of their choice. Accordingly, their prayer for leave to substitute their previous Advocates with MAW Advocates LLP is therefore allowed.
6. I make no orders as to costs.It is so ordered.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 4th THDAY OF JULY, 2024. M.D. MWANGIJUDGEIn the virtual presence of:No Appearance by the PartiesCourt Assistant – Yvette.