The appeal was determined on the procedural ground that the appellant's counsel, Ndegwa Wahome & Company Advocates, was not properly on record when filing the application to set aside the judgments, as required by Order 9 Rule 9 of the Civil Procedure Rules. The court found that after judgment, a change of advocate must be effected either by a court order or by consent filed between the outgoing and incoming advocates, with notice to all parties. In this case, no such order was sought or obtained, and the notice of appointment did not comply with the mandatory requirements. The court further…
Busia Ebenezer Academy Company Limited v Oniala & 2 others [2025] KEHC 8699 (KLR)
Court
High Court
Case number
Civil Appeal E016 of 2023
Judge
DK Kemei
The court found that the Appellant's new counsel was not properly on record as required by Order 9 Rule 9 of the Civil Procedure Rules, since the necessary consent had not been adopted by the court and the application for leave to come on record had not been determined. The trial court was correct in denying audience to the Appellant's new counsel, who was a stranger to the proceedings. The Appellant's right to a fair hearing was not violated, as compliance with procedural rules is mandatory and a prerequisite for being granted audience. The failure to address pending applications was attribu…
Moruri (Suing for and on Behalf of the Estate of Truphena Abisa Moruri) v Nyangena Hospital & another [2025] KEHC 1454 (KLR)
Court
High Court
Case number
Civil Appeal 13 of 2020
Judge
TA Odera
The High Court at Kisii held that a post-judgment change of advocate must comply with Order 9 Rule 9 and ordered service on the outgoing advocates first.
The court struck out the application because the applicant's advocates were not properly on record in accordance with Order 9 Rule 9 of the Civil Procedure Rules, as the change of advocates occurred after judgment without the required court order or consent.
Archer & another v Archer & 2 others [2024] KEELC 7068 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 345 of 2017
Judge
LL Naikuni
The court upheld a preliminary objection, finding counsel was not properly on record after judgment. The motion was struck out for noncompliance with Order 9 Rule 9.
The High Court at Nyamira dismissed an application for leave to appeal out of time, finding no sufficient cause for the delay and leaving costs to the respondent.