[2020] KEELC 2915 (KLR)
The court found that Mr Koech Kiprotich Joseph, who purported to act for the defendant applicant, did not possess a valid practising certificate at the material time, as confirmed by a letter from the Law Society of Kenya. Under section 9 and 31 of the Advocates Act, only advocates with valid practising certificates...
Source-derived case information.
- Citation
- [2020] KEELC 2915 (KLR)
- Parties
- Plaintiff: Samwel Kipkurgat Langat; Defendant: Chelule Tuimising; Defendant: Zephaniah Yegon; Defendant: Kosia Set Kobor Self Help Group
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 243 of 2017
- Procedural Posture
- Notice of Motion / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; documents filed by unqualified advocate expunged
- Judges
- MN Kullow
- Legal Topics
- Advocate Practising Certificate, Striking Out Pleadings, Preliminary Objection, Setting Aside Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samwel Kipkurgat Langat
Plaintiff
Chelule Tuimising
Defendant
Zephaniah Yegon
Defendant
Kosia Set Kobor Self Help Group
Defendant
Procedural Posture
Notice of Motion / Ruling on Preliminary Objection
Legal Issues
- 1 Whether documents and pleadings filed by an advocate without a valid practising certificate should be struck out.
- 2 Whether the preliminary objection on the advocate's lack of practising certificate is merited.
Ratio Decidendi
The court found that Mr Koech Kiprotich Joseph, who purported to act for the defendant applicant, did not possess a valid practising certificate at the material time, as confirmed by a letter from the Law Society of Kenya. Under section 9 and 31 of the Advocates Act, only advocates with valid practising certificates are permitted to file documents and appear before court. Consequently, all documents and pleadings filed by Mr Koech Kiprotich Joseph were null and void. The court upheld the preliminary objection and ordered that all such documents be expunged from the record.
Court Disposition
preliminary objection upheld; documents filed by unqualified advocate expunged
Orders
- All documents and pleadings filed by Mr Koech Kiprotich Joseph are expunged from the record.
- The preliminary objection dated 11th October, 2019 is upheld.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 243 OF 2017
FORMERLY NAKURU ELC NO. 346 OF 2011
SAMWEL KIPKURGAT LANGAT............................................PLAINTIFF
VERSUS
CHELULE TUIMISING.....................................................1ST DEFENDANT
ZEPHANIAH YEGON......................................................2ND DEFENDANT
KOSIA SET KOBOR SELF HELP GROUP..................3RD DEFENDANT
RULING
The Defendant applicant had by a notice of motion dated 25th September, 2019 sought for orders to set aside the judgement of court that was delivered on 22nd May, 2018 and the subsequent decree that was issued on 17th January, 2019. However, the plaintiff respondent had filed a Notice of Preliminary Objection to the application on the grounds that the documents filed by the Defendants/Respondents offend the provisions of section 9 and 31 of the Advocates Act and pursuant to the above all documents field by the Respondents be struck out. The Preliminary Objection was based on the grounds that Mr Koech Kiprotich Joseph the advocate acting for the applicant had last taken out a practicing certificate in 2018 and was therefore not certified to practice law.
Even though the court directed the parties to file their respective submissions on the Preliminary Objection none of them had done so and I will proceed without their submissions.
Under the provisions of section 9 of the Law society Kenya Act all advocates are required to take out practicing certificates annually and authenticate them to appear before court.
In the instant matter there is a letter dated 7th November, 2019 attached to the Preliminary Objection for the law society of Kenya programme officer for compliance and ethics in which it is confirmed that Mr Koech Kiprotich Joseph had no practicing certificate and was thus not authorized to practice in law. In view of the contents of the aforesaid letter all documents and pleadings filed by the said advocate are null and in the circumstances I uphold the Preliminary Objection dated 11th October, 2019 and I accordingly order that they be expunged from the record.
DATED, SIGNED and DELIVERED in open court at NAROK on this 12TH day of MARCH, 2020.
Mohammed Kullow
Judge
12/3/2020
In the presence of:
CA:Chuma/Kimiriny
Mr Kambo for Chepngetich for the plaintiff
N/A for the defendant
Mohammed Kullow
Judge
12/3/2020