[2022] KEELRC 13379 (KLR)
The court found that the applicant had satisfied the requirements of Order 9 Rule 9 of the Civil Procedure Rules by making a formal application with notice to all parties and providing evidence that the outgoing advocate was no longer able to act, having been appointed as a judge. As the application was unopposed...
Source-derived case information.
- Citation
- [2022] KEELRC 13379 (KLR)
- Parties
- Applicant: Torch Africa; Applicant: Barasa Kundu Nyukuri; Applicant: Bukusu Council of Elders (BUCOE) - Kimili Sub County; Applicant: Martin Juma, BUCOE Director of Youth; Respondent: Wycliffe Wafula Wangamati, Governor; Respondent: CEMC, Lands, Urban, Physical Planning & Housing; Respondent: County Secretary & Head of County Public Service, Chief Officer Lands, Urban; Respondent: Physical Planning and Housing; Respondent: Director of Physical Planning; Respondent: Ag, County Attorney; Respondent: John Ndombi, Manager, Kimilili Municipal Board; Respondent: Lilian Nanjala Simiyu; Respondent: Salome Nanajala Bukania; Interested Party: Joseph Omukule Mulama; Interested Party: Caroline Khasoa; Interested Party: John Masafu Tengeye
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Petition E001 of 2020
- Procedural Posture
- Miscellaneous Application / Application for Change of Advocate Post Judgment
- Outcome
- application allowed
- Judges
- JW Keli
- Legal Topics
- Change of Advocate, Post Judgment Procedure, Court Leave, Representation Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Torch Africa
Applicant
Barasa Kundu Nyukuri
Applicant
Bukusu Council of Elders (BUCOE) - Kimili Sub County
Applicant
Martin Juma, BUCOE Director of Youth
Applicant
Wycliffe Wafula Wangamati, Governor
Respondent
CEMC, Lands, Urban, Physical Planning & Housing
Respondent
County Secretary & Head of County Public Service, Chief Officer Lands, Urban
Respondent
Physical Planning and Housing
Respondent
Director of Physical Planning
Respondent
Ag, County Attorney
Respondent
John Ndombi, Manager, Kimilili Municipal Board
Respondent
Lilian Nanjala Simiyu
Respondent
Salome Nanajala Bukania
Respondent
Joseph Omukule Mulama
Interested Party
Caroline Khasoa
Interested Party
John Masafu Tengeye
Interested Party
Procedural Posture
Miscellaneous Application / Application for Change of Advocate Post Judgment
Legal Issues
- 1 Whether leave should be granted for a new advocate to come on record after judgment has been entered.
- 2 Whether the requirements of Order 9 Rule 9 of the Civil Procedure Rules have been satisfied.
Ratio Decidendi
The court found that the applicant had satisfied the requirements of Order 9 Rule 9 of the Civil Procedure Rules by making a formal application with notice to all parties and providing evidence that the outgoing advocate was no longer able to act, having been appointed as a judge. As the application was unopposed and all procedural requirements were met, the court exercised its discretion to allow the change of advocate post-judgment. The application was therefore allowed with costs to the respondent/petitioner.
Court Disposition
application allowed
Orders
- Leave is granted to the firm of Ibrahim Alubala Advocates to come on record for and on behalf of the respondents/applicants in place of Annet Mumalasi & Co Advocates.
- Costs of the application are to be in the cause.
Full Case Text
Judgment text and source record
53 paragraphs
Torch Africa & 3 others v Wangamati, Governor & 8 others; Mulama & 2 others (Interested Parties) (Petition E001 of 2020) [2022] KEELRC 13379 (KLR) (2 December 2022) (Ruling)
Neutral citation: [2022] KEELRC 13379 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Bungoma
Petition E001 of 2020
JW Keli, J
December 2, 2022
Between
Torch Africa
1st Applicant
Barasa Kundu Nyukuri
2nd Applicant
Bukusu Council of Elders (BUCOE) - Kimili Sub County
3rd Applicant
Martin Juma, BUCOE Director of Youth
4th Applicant
and
Wycliffe Wafula Wangamati, Governor
1st Respondent
CEMC, Lands, Urban, Physical Planning & Housing
2nd Respondent
County Secretary & Head of County Public Service, Chief Officer Lands, Urban
3rd Respondent
Physical Planning and Housing
4th Respondent
Director of Physical Planning
5th Respondent
Ag, County Attorney
6th Respondent
John Ndombi, Manager, Kimilili Municipal Board
7th Respondent
Lilian Nanjala Simiyu
8th Respondent
Salome Nanajala Bukania
9th Respondent
and
Joseph Omukule Mulama
Interested Party
Caroline Khasoa
Interested Party
John Masafu Tengeye
Interested Party
Ruling
1. The applicant, Ibrahim Alubala Advocates , vide notice of motion under order 9 rule 9A Civil Procedure Rules dated August 25, 2022 sought the following reliefs:-a.That leave be granted to the firm of Ibrahim Alubala Advocates to come on record for and on behalf of the respondent/applicants in the place of Annet Mumalasi & Co Advocates.b.That costs of this application be in the cause.
2. The application is supported by the grounds that there is a judgment against the petitioner/respondent in favour of the respondents/applicants.
3. That the respondents/applicants were being represented by the firm of M/S Annet Mumalasi & Co Advocates .
4. That the applicants have since engaged the services of Ibrahim Alubala Advocate.
5. The applicant filed further affidavit by Ibrahim Alubala Advocates sworn on the November 21, 2022 averring that the proprietor of the outgoing law firm one Annet Mumalasi had since been appointed as a judge of the Environment and Land Court and produced Gazette Notice No 5235 dated June 3, 2021.
6. The application was not opposed.
7. Order 9 rule 9 of the Civil Procedure Rules states: “ Where there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has passed, such change or intention to act in person shall not be effected without an order of the court-a.Upon application with notice to all the parties,b.Upon consent filed between the outgoing advocate and the proposed incoming advocate or party intending to act in person as the case may be”.
Determination 8. The court finds that the applicant has satisfied the provisions of order 9 rule 9 of the Civil Procedure Rules . That the application is not opposed by parties. The application dated August 25, 2022 is allowed with costs to the respondent/petitioner.
9. It is so ordered.
SIGNED, DATED AND DELIVERED IN OPEN COURT AT BUNGOMA THIS 2NDDAY OF DECEMBER 2022. J W KELI,JUDGE.In the Presence of:-Court Assistant: BrendaPetitioner:- AbsentRespondent:-Balusi holding brief for Alubala Advocate