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ELCAllowedApplication dated 10th April 2015· [2015] KEELC 842 (KLR)

Mwicigi v Mwicigi (Environment & Land Case 139 of 2015) [2015] KEELC 842 (KLR)

High Court of Kenya
23 October 2015
LGL. GACHERU
328 words in judgment
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The bottom line

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The High Court confirmed that a Kenyan court can let someone with a registered power of attorney act for you in a lawsuit without hiring an advocate.

What this practically means

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Executive summary

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This was a short ruling on an application dated 10th April 2015 brought by Edward Mwangi under Order 9 of the Civil Procedure Rules seeking leave to come on record on behalf of the Plaintiff, on the ground that she had authorized him by a General Power of Attorney to act on her behalf in the suit. The Defendant, though duly served, did not respond to the application. The court perused the Power of Attorney, dated 14th February 2015, drawn in the presence of M/s Rumba Kinuthia & Co. Advocates, presented for registration on 31st March 2015 and registered in the Lands Registry as IR/A 63620/1. The court set out the framework of Order 9, noting that Rule 1 permits applications, appearances and acts in court to be done by a party in person, a recognized agent, or an advocate duly appointed, and that Rule 2(a) defines recognized agents as persons holding powers of attorney authorizing them to make appearances, applications and acts on behalf of parties, subject to the approval of the court in any particular suit. Holding that the applicant, by virtue of the executed and registered General Power of Attorney, qualified as a recognized agent of the Plaintiff in accordance with Order 9 Rules 1 and 2, the court allowed the application. The judgment is dated, signed and delivered on 23rd October 2015 by L. Gacheru J, with no attendance recorded for either party. No costs order was made and no authorities were cited.

Key legal issues

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01

Whether the applicant qualifies as a recognized agent under Order 9 of the Civil Procedure Rules

Holding

The application for leave to come on record was allowed.

Reasoning

Order 9 Rule 1 permits appearance by a party in person, a recognized agent, or an advocate. Rule 2(a) defines recognized agents as persons holding powers of attorney authorizing them to act for parties, subject to court approval. The applicant held a General Power of Attorney dated 14th February 2015, executed before advocates and registered in the Lands Registry as IR/A 63620/1. On that basis the court found he qualified as a recognized agent and allowed the application. The Defendant, though served, filed no response.

p. 2

Legal principles established

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  • A person holding an executed and registered power of attorney qualifies as a recognized agent of a party under Order 9 Rules 1 and 2 of the Civil Procedure Rules, subject to the court's approval.

Court orders

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  1. 1.Leave granted to the Applicant to come on record on behalf of the Plaintiff as a recognized agent

Authorities

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Legislation

  • Civil Procedure RulesOrder 9 Rule 1
  • Civil Procedure RulesOrder 9 Rule 2(a)
Jurisdiction invoked
Order 9 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mwicigi v Mwicigi (Environment & Land Case 139 of 2015) [2015] KEELC 842 (KLR)", Case Analysis (2015). Application dated 10th April 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/842/eng@2015-10-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.