https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/348
The court held that because the matter had already been finalized, had proceeded ex parte, and former counsel had joined the ODPP as a state counsel, the technical notice requirements under Order 9 Rule 9 were obviated. The court therefore allowed the new advocates to come on record and certified the application...
Source-derived case information.
- Citation
- [2026] KEMC 348 (KLR)
- Parties
- Plaintiff/applicant: Beneah Okanga Wesonga; Defendant/respondent: Felix Otwane Kollotongi
- Court
- Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E40 of 2022
- Procedural Posture
- Civil; Environment and Land Court Matter in the Chief Magistrate’s Court / Post Judgment Application for Leave to Change Advocates for Execution
- Outcome
- Application allowed ex parte.
- Judges
- ["RN Maloba"]
- Legal Topics
- Change of Advocate After Judgment, Leave to Come on Record, Execution of Decree, Urgent Application, Ex Parte Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beneah Okanga Wesonga
Plaintiff/applicant
Felix Otwane Kollotongi
Defendant/respondent
Procedural Posture
Civil; Environment and Land Court Matter in the Chief Magistrate’s Court / Post Judgment Application for Leave to Change Advocates for Execution
Legal Issues
- 1 Whether leave should be granted for a new advocate to come on record after judgment has been delivered.
- 2 Whether the requirements under Order 9 Rule 9 of the Civil Procedure Rules were applicable or technically obviated in the circumstances.
- 3 Whether the application should be certified urgent.
Ratio Decidendi
The court held that because the matter had already been finalized, had proceeded ex parte, and former counsel had joined the ODPP as a state counsel, the technical notice requirements under Order 9 Rule 9 were obviated. The court therefore allowed the new advocates to come on record and certified the application urgent.
Court Disposition
Application allowed ex parte.
Orders
- Application certified as urgent.
- M/s Muri Mbugua & Associates granted leave to come on record for the Plaintiff/Applicant in place of M/s Mechi & Associates.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBBLIC OF KENYA** **IN THE CHIEF MAGISTRATE’S COURT AT BUNGOMA** **ELC CASE NO. E40 OF 2022** BENEAH OKANGA WESONGA……………………………………………………….....PLAINTIFF/APPLICANT =VERSUS= FELIX OTWANE KOLLOTONGI……………………………………………………..DEFENDANT/RESPONDENT **RULING** This is a concluded matter whereupon, judgment has already been delivered in favour of the plaintiff. In the proceedings leading up to the hearing and judgment, the plaintiff was represented by the firm of **Mechi & Associates Advocates**. The case proceeded *ex-parte* in default of attendance on the part of the defendant. In his application dated 07/07/2026 filed under a certificate of urgency, the plaintiff has applied for leave to bring on board a new Advocate, that is, **M/S Muri Mbugua & Associates** in place of **M/S Mechi & Associates Advocates**to continue with the process of execution of the judgment and resultant decree. His explanation is that Mr. Mechi has since secured a job as a state counsel in the ODPP's office. Given that explanation and the fact that this matter is not defended- it proceeded *ex-parte* in default of appearance and defence- I would allow this application *ex-parte* straight away. It is within the public domain that Mr. Mechi, who used to practice before this court, has since joined the ODPP’s office as a state counsel. Therefore, the requirement of the law that he and the defendant be notified first as contemplated under order 9 Rule 9 of the Civil Procedure Rules is technically obviated. Because the prayers sought are being allowed *ex-parte* in the first instance without the need to fix a hearing date, I see no harm in certifying the same as urgent. In the upshot, I allow this application and make orders in terms of prayer (1) and (2) which I now set out as follows; 1. THAT this application is certified as urgent. 2. THAT the firm of **Muri Mbugua & Associates** be and is hereby granted leave to come on record for the Plaintiff/ Applicant in place of **M/S Mechi & Associates.** 3. THAT costs of this application shall be in the cause. The matter is to be filed away pending execution at the plaintiff's convenience. Dated at Bungoma this 23rd day of July 2026. **R.B.N MALOBA(MS)-** **SENIOR PRINCIPAL MAGISTRATE**