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Kenya Case Law

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Civil Procedure [2025] KEHC 10129 (KLR)

Luka v Munyi

Luka v Munyi [2025] KEHC 10129 (KLR)

The High Court at Chuka allowed an application for leave to change advocates after judgment and declined the respondent’s procedural objections.

  • Change Of Advocate Post Judgment
  • Leave To File Appeal
  • Order 9 Rule 9 Compliance
  • Change-of-advocate
  • Order-9-rule-9
  • Civil-procedure
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Civil Procedure [2025] KEHC 8977 (KLR)

Gachomba v Mindi

Gachomba v Mindi [2025] KEHC 8977 (KLR)

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…

  • Change Of Advocate Post Judgment
  • Setting Aside Judgment
  • Representation By Counsel
  • Order 9 Rule 9 Compliance
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Civil Procedure [2025] KEHC 8699 (KLR)

Busia Ebenezer Academy Company Limited v Oniala & 2 others

Busia Ebenezer Academy Company Limited v Oniala & 2 others [2025] KEHC 8699 (KLR)

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…

  • Change Of Advocate Post Judgment
  • Order 9 Rule 9 Compliance
  • Locus Standi
  • Right To Fair Hearing
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Civil Procedure [2025] KEELC 4254 (KLR)

Nicolosi v Mitsanze aka Gabriel Garama Francis Karisa Ngumbao

Nicolosi v Mitsanze aka Gabriel Garama Francis Karisa Ngumbao [2025] KEELC 4254 (KLR)

The court dismissed a post-judgment objection based on Order 9 rule 9 and granted execution-related orders to enforce an earlier land judgment.

  • Execution Of Judgment
  • Change Of Advocate Post Judgment
  • Order 9 Rule 9 Compliance
  • Eviction Orders
  • Possession Of Land
  • Abuse Of Court Process
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Civil Procedure [2025] KEHC 1454 (KLR)

Moruri (Suing for and on Behalf of the Estate of Truphena Abisa Moruri) v Nyangena Hospital & another

Moruri (Suing for and on Behalf of the Estate of Truphena Abisa Moruri) v Nyangena Hospital & another [2025] KEHC 1454 (KLR)

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.

  • Change Of Advocate Post Judgment
  • Order 9 Rule 9 Compliance
  • Functus Officio
  • Inherent Jurisdiction
  • Service Of Application
  • Change-of-advocate
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Civil Procedure [2025] KEHC 1965 (KLR)

Kagwimi Kangethe & Co. Advocates v Wachira

Kagwimi Kangethe & Co. Advocates v Wachira [2025] KEHC 1965 (KLR)

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.

  • Change Of Advocate After Judgment
  • Order 9 Rule 9 Compliance
  • Striking Out Incompetent Applications
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Civil Procedure [2025] KEHC 17102 (KLR)

Kagwimi Kangethe & Co. Advocates v Wachira

Kagwimi Kangethe & Co. Advocates v Wachira [2025] KEHC 17102 (KLR)

The High Court struck out a post-judgment motion for being filed by advocates who were not properly on record under Order 9 Rule 9.

  • Change Of Advocate
  • Order 9 Rule 9 Compliance
  • Striking Out Incompetent Applications
  • Execution Of Judgment
  • Taxation Of Costs
  • Order-9-rule-9
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Civil Procedure [2024] KEELC 7068 (KLR)

Archer & another v Archer & 2 others

Archer & another v Archer & 2 others [2024] KEELC 7068 (KLR)

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.

  • Change Of Advocate Post Judgment
  • Order 9 Rule 9 Compliance
  • Locus Standi Of Advocate
  • Procedural Incompetence
  • Costs Award
  • Notice Of Change Of Advocates
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Civil Procedure [2024] KEELC 6322 (KLR)

Njoka v Eustace & another

Njoka v Eustace & another [2024] KEELC 6322 (KLR)

The court struck out an appeal and stay application because new counsel came on record after judgment without complying with Order 9 rule 9.

  • Change Of Advocate Post Judgment
  • Order 9 Rule 9 Compliance
  • Preliminary Objection
  • Appeal Striking Out
  • Order-9-rule-9
  • Change-of-advocate
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Civil Procedure [2024] KEHC 8473 (KLR)

Ndubi v Nyasani

Ndubi v Nyasani [2024] KEHC 8473 (KLR)

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.

  • Leave To Appeal Out Of Time
  • Change Of Advocate
  • Order 9 Rule 9 Compliance
  • Dismissal For Want Of Prosecution
  • Leave-to-appeal-out-of-time
  • Change-of-advocate
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.