M’Chabari Kinoro v Isaiah Nkoroi Muriungi & 5 others [2019] KEELC 2098 (KLR)
The bottom line
#A Kenyan court lifted an arrest warrant only because the defendants promised to pay the costs bill within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the application for change of advocates after judgment complied with Order 9 Rule 9 of the Civil Procedure Rules
It did not; the court could not grant the change of advocates nor entertain the prayer to lift the warrant unless Order 9 Rule 9 was complied with
Order 9 Rule 9 requires that a change of advocate after judgment be effected either upon an application with notice to all parties or upon a consent between the outgoing and incoming advocates. The applicants produced no affidavit of service demonstrating notice to all parties and no such consent. The court therefore found the application defective and denied prayers 1, 2 and 3.
Whether the warrant of arrest issued on 11th July 2019 should nonetheless be lifted
Yes, lifted conditionally in the overriding interest of justice under section 3A of the Civil Procedure Act, on condition the defendants attend court when called upon and satisfy the bill of costs within 30 days
Although the application failed on the change-of-advocate prayers, the court invoked its inherent jurisdiction under section 3A. Counsel undertook that his clients would attend court whenever called upon and were willing to satisfy the bill of costs. On that basis, and in the overriding interest of justice, the warrant was lifted subject to those conditions.
Legal principles established
#- A change of advocate after judgment requires either an application with notice to all parties supported by proof of service, or a consent between the outgoing and incoming advocates, before it can be effected
Court orders
#- 1.The warrant of arrest issued against the 1st, 3rd and 4th defendants on 11th July, 2019 is lifted on condition that they attend court whenever called upon and satisfy the bill of costs within 30 days or within such other period as may be ordered by the Deputy Registrar/Court
- 2.No order as to costs
- 3.The application deemed heard and determined
- Jurisdiction invoked
- Sections 3 and 3A of the Civil Procedure Act; Order 9 Rules 9 and 10 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M’Chabari Kinoro v Isaiah Nkoroi Muriungi & 5 others [2019] KEELC 2098 (KLR)", Case Analysis (2019). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2098/eng@2019-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.