Kenya Case Law

Cosmas Wafula Ngutuku v John Waithaka, John Waithaka Kiarie & Richard Wainaina Waweru

Cosmas Wafula Ngutuku v John Waithaka, John Waithaka Kiarie & Richard Wainaina Waweru [2019] KEELC 2152 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 52 of 2019

Judge

NA Matheka

The court found that the advocate on record for the plaintiff did not possess a valid practicing certificate at all material times, rendering him unqualified to act as an advocate. Applying the clear statutory provisions of the Advocates Act and binding judicial precedents, the court held that pleadings drawn, signed, and filed by an unqualified person are void ab initio and cannot stand. The court rejected the respondent's reliance on Article 159(2)(d) of the Constitution, emphasizing that the lack of qualification to practice law is not a mere procedural technicality but a substantive legal…

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• Striking Out Pleadings
• Unqualified Advocate
• Validity Of Proceedings
• Practice And Procedure

Joseph Kihara Gitui v Charles Kinyua Kihuto

Joseph Kihara Gitui v Charles Kinyua Kihuto [2018] KEELC 2398 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case 10 of 2018

The Environment and Land Court at Meru dismissed an application to strike out a suit filed by an advocate without a practising certificate.

• Striking Out Suit
• Advocate Practicing Certificate
• Validity Of Proceedings
• Land Disputes
• Advocate-practising-certificate
• Striking-out-suit

James Kambau Muriuki t/a Express Kenya Link Bank of India & Chase Bank Limited

James Kambau Muriuki t/a Express Kenya Link Bank of India & Chase Bank Limited [2017] KEHC 9894 (KLR)

Court

High Court

Case number

Civil Case 525 of 2009

Judge

OA Sewe

The court found that the 2nd Defendant was condemned unheard as it was not properly served or enjoined before orders were made against it, and that this was conceded by the 1st Defendant. However, since there was a pending appeal with a stay of execution granted by the Court of Appeal on the same orders, it was not appropriate for the High Court to proceed with the 2nd Defendant's application, and the matter should await the outcome of the appeal. Regarding the 1st Defendant's application to set aside the proceedings due to the Plaintiff's advocate lacking a valid practising certificate, the…

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• Joinder Of Parties
• Stay Of Execution
• Validity Of Proceedings
• Advocate Practising Certificate
• Injunctive Orders

Peterson Ndungu, Stephen Gichaga Gituro, N Ojwang, Peter Kariuki, Joseph M. Kyavi & James Kimani v Kenya Power and Lighting Company Limited

Peterson Ndungu, Stephen Gichaga Gituro, N Ojwang, Peter Kariuki, Joseph M. Kyavi & James Kimani v Kenya Power and Lighting Company Limited [2015] KEELRC 785 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause 1149 of 2011

The court struck out an employment claim and prior award after finding the claim had been filed and prosecuted by advocates without valid practising certificates.

• Unauthorized Legal Representation
• Validity Of Proceedings
• Practicing Certificate Requirements
• Striking Out Proceedings
• Unauthorized-legal-representation
• Practising-certificate