African Inland Church of Kenya (Registered Trustees) v Kipngeny Arap Korir [2018] KEELC 902 (KLR)
The bottom line
#The court struck out a costs-review application because the new law firm never properly took over the case, so everything it filed was void.
What this practically means
#Executive summary
#Key legal issues
#Competence of the application given change of advocates on record
The application filed by Kipkosgei Choge & Company Advocates is a nullity since that firm came on record without leave of the court or consent of the firm on record, Machio & Company Advocates
The court noted that judgment was delivered on 26.2.2015 when the firm of Machio & Company Advocates was on record for the defendant. The incoming firm neither sought leave of court nor obtained consent from the firm on record to take over conduct of the matter. Documents filed by a firm not properly on record cannot move the court, so the application could not stand regardless of its merits.
Whether the defendant could escape liability for costs on the ground that he was not evicted
Even if the incoming firm had been properly on record, the defendant would still be liable for costs because he filed a memorandum of appearance and a defence and contested the suit
The applicant argued he never contested the suit and was not evicted, and that costs should fall on those actually evicted. The plaintiff countered that the applicant instructed Machio & Company Advocates, filed a statement of defence and counterclaim, was served throughout, and that those evicted were his agents. The court held that having filed appearance and defence, he is liable to pay costs, making the merits argument unnecessary to determine.
Legal principles established
#- A firm of advocates cannot come on record in place of the firm on record without leave of court or consent of the outgoing firm; documents filed by such a firm are a nullity
Court orders
#- 1.The application dated 22.3.2017 is struck out for having been filed by an agent who is not properly on record
- Jurisdiction invoked
- Review jurisdiction of the court over its own orders on costs; suit land Nandi/Kipkaren Salient/96
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "African Inland Church of Kenya (Registered Trustees) v Kipngeny Arap Korir [2018] KEELC 902 (KLR)", Case Analysis (2018). Application dated 22.3.2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/902/eng@2018-11-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.