Kenya Case Law

Rotich & 7 others v Yator & 14 others

Rotich & 7 others v Yator & 14 others [2025] KEELC 5432 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Petition 12 of 2020

Judge

EO Obaga

The court found that the Applicants were entitled to seek leave for a change of advocate post-judgment in compliance with Order 9 Rule 9 of the Civil Procedure Rules. There was no objection from the outgoing advocates regarding their removal, and the existence of pending applications justified the Applicants' need for representation. The court held that the issue of delay did not arise, as the Applicants had a right to be heard on matters affecting them. The objections raised by the Respondents regarding the authority to appoint advocates and the alleged lateness of the application were not s…

Source excerpt

• Change Of Advocate Post Judgment
• Representation Rights
• Order 9 Rule 9 Civil Procedure Rules
• Land Dispute Resolution
• Mediation Adoption
• Party Entitlement To Be Heard

Nes Poly Pack Limited v Equity Bank (K) Limited

Nes Poly Pack Limited v Equity Bank (K) Limited [2025] KEHC 8324 (KLR)

Court

High Court

Case number

Miscellaneous Application E854 of 2023

Judge

FG Mugambi

The court held that compliance with Order 9 Rule 9 of the Civil Procedure Rules, 2010 is a mandatory jurisdictional threshold for any change of advocate after judgment. The plaintiff's new advocates, Messrs. Muhatia Pala & Associates Advocates, came on record post-judgment without leave of court or consent of the outgoing advocates, contrary to the rules. The court found that this procedural safeguard is substantive and not a mere technicality, and that Article 159 of the Constitution and the overriding objective cannot be used to circumvent clear and mandatory procedural requirements. As suc…

Source excerpt

• Change Of Advocate Post Judgment
• Order 9 Rule 9 Civil Procedure Rules
• Procedural Compliance
• Jurisdictional Threshold

Kipchumba (Suing as the Legal Representative of the Estate of Chepkieny Sipo (Deceased) aka Chepkiyeng Sibo) v Catholic Diocese of Eldoret (Registered Trustee) & 2 others

Kipchumba (Suing as the Legal Representative of the Estate of Chepkieny Sipo (Deceased) aka Chepkiyeng Sibo) v Catholic Diocese of Eldoret (Registered Trustee) & 2 others [2025] KEELC 957 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E013 of 2024

Judge

L Waithaka

A preliminary objection based on the non-compliance with Order 9 Rule 9 of the Civil Procedure Rules is not a proper preliminary objection because it requires the court to ascertain facts from the lower court file. Furthermore, an appeal is considered a new proceeding, and therefore, Order 9 Rule 9 does not apply to subsequent representation in an appeal, and non-compliance with this rule does not oust the appellant's capacity or the court's jurisdiction.

Source excerpt

• Preliminary Objection
• Order 9 Rule 9 Civil Procedure Rules
• Locus Standi On Appeal
• Jurisdiction Of Court
• Change Of Advocate
• Appeal Procedure

Otieno v Okwako

Otieno v Okwako [2025] KEELC 7 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 365 of 2013

Judge

DO Ohungo

The Environment and Land Court dismissed a post-judgment injunction application and a preliminary objection, holding the suit had already been finally determined.

• Injunctive Relief
• Post Judgment Applications
• Advocate On Record
• Order 9 Rule 9 Civil Procedure Rules
• Land Ownership Disputes
• Post-judgment-applications

Uwezo City Park Self Help Group & 6 others (Suing on their Behalf and on Behalf of more than 500 other Members of Uwezo City Park Self Help Group, Nairobi County)) v Ahmad

Uwezo City Park Self Help Group & 6 others (Suing on their Behalf and on Behalf of more than 500 other Members of Uwezo City Park Self Help Group, Nairobi County)) v Ahmad [2024] KEELC 13349 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case Civil Suit 347 of 2019

Judge

LN Mbugua

The court held that since judgment had already been delivered on 25.7.2024, any change of advocate for the plaintiffs required compliance with Order 9 Rule 9 of the Civil Procedure Rules. The plaintiffs' advocates, Victor Anyango & Company, neither sought leave of the court to come on record nor filed the requisite consent with the outgoing advocate. As such, the application for stay and review was filed by an advocate not properly on record, rendering the application incompetent. The court was obligated to address the preliminary issue of legal representation before considering the merits of…

Source excerpt

• Change Of Advocate Post Judgment
• Order 9 Rule 9 Civil Procedure Rules
• Review Of Judgment
• Legal Representative Status

Taib A Taib Advocates v Nanji (Legal Representative of the Estate of Shamsudin Gulamhusein Nanji (Deceased))

Taib A Taib Advocates v Nanji (Legal Representative of the Estate of Shamsudin Gulamhusein Nanji (Deceased)) [2024] KECA 1581 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) E139 of 2023

Judges

HM Okwengu, HA Omondi, JM Ngugi

The court found that the applicant had not satisfied the requirements for grant of stay of execution or stay of proceedings under Rule 5(2)(b) of the Court of Appeal Rules. The application for stay of execution was overtaken by events as the new advocates had already come on record. The dispute between the applicant and the respondent was essentially a fee claim, for which a separate suit had already been filed and struck out. The applicant failed to demonstrate that the appeal would be rendered nugatory if stay was not granted, as the claim was monetary and there was no evidence that damages…

Source excerpt

• Change Of Advocate Post Judgment
• Order 9 Rule 9 Civil Procedure Rules
• Advocate Client Fee Disputes
• Stay Of Execution
• Stay Of Proceedings

Rutto v Cheptoo

Rutto v Cheptoo [2024] KEHC 13574 (KLR)

Court

High Court

Case number

Civil Appeal E011 of 2023

Judge

SM Githinji

The High Court dismissed an application to reinstate an appeal because the applicant’s new advocates had not complied with Order 9 rule 9 on post-judgment change of advocates.

• Change Of Advocates
• Reinstatement Of Appeal
• Order 9 Rule 9 Civil Procedure Rules
• Change-of-advocates
• Reinstatement-of-appeal
• Civil-procedure

Ngari & another v Ngari

Ngari & another v Ngari [2023] KEHC 20514 (KLR)

Court

High Court

Case number

Civil Appeal 17 of 2022

Judge

LM Njuguna

The High Court struck out a civil appeal because it was directed at the wrong ruling and did not challenge the actual preliminary objection decision.

• Appeals Against Rulings
• Preliminary Objection
• Order 9 Rule 9 Civil Procedure Rules
• Revocation Of Grant
• Abuse Of Court Process
• Civil-appeals

In re Estate of Murei Manyambe (Deceased)

In re Estate of Murei Manyambe (Deceased) [2023] KEHC 18834 (KLR)

Court

High Court

Case number

Civil Appeal 69 of 2019

Judge

DK Kemei

The High Court held that counsel was not properly on record after judgment under Order 9 rule 9, upheld the preliminary objection, and dismissed the application.

• Change Of Advocate Post Judgment
• Order 9 Rule 9 Civil Procedure Rules
• Representation Of Parties
• Procedural Compliance
• Change-of-advocate-post-judgment
• Order-9-rule-9

Wanjiru & another v Tito & 2 others

Wanjiru & another v Tito & 2 others [2023] KEELC 16094 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 1 of 2018

Judge

MN Gicheru

The Environment and Land Court upheld a preliminary objection, finding the incoming advocates were not properly on record because Order 9 Rule 9 had not been complied with.

• Change Of Advocate
• Order 9 Rule 9 Civil Procedure Rules
• Preliminary Objection
• Representation Of Parties
• Change-of-advocate
• Preliminary-objection