Samwel Kiptoo Rop & another v Beatrice Nakhumicha Khaoya & 3 others [2020] KEELC 269 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you can hire two law firms for the same case, and objections to a lawyer's authority must come early, not late.
What this practically means
#Executive summary
#Key legal issues
#Whether an Advocate appointed by Notice of Appointment alongside an existing firm on record is properly before the court
The court held that the filing of a Notice of Appointment is not barred by the rules even where another Advocate is already on record, and the incoming firm would only 'act alongside' the original firm
The court distinguished a Notice of Change, which implies the incoming Advocate replaces the original Advocate, from a Notice of Appointment, which merely adds an Advocate to the matter. There is no rule prohibiting dual representation. The record showed both firms appearing, sometimes jointly and sometimes alone, without objection from the firm of Arap Mitei & Co. Advocates, and how the plaintiff deals with the two firms is a matter for the plaintiff, not the court.
Whether an objection to an Advocate's authority should be entertained late in the hearing
The objection, raised when the greater part of the suit had been heard and only one of two witnesses remained to testify, was disallowed
The court noted the surprising timing of the objection, observing that the proceedings had progressed a great deal. It also found that Prof. Sifuna, who argued illegality should be nipped in the bud, was unable to show that the properly-on-record firm of Arap Mitei & Co. had even been served with the bundle (1st DMFI-7) that sparked the representation dispute. Each objection would be dealt with on a case-by-case basis.
Legal principles established
#- A Notice of Appointment merely appoints an Advocate to a matter whether or not another Advocate is already on record, and such an incoming firm may only 'act alongside' the original firm; this is not barred by the rules
- A party may engage two or more firms of Advocates to act for him in the same suit
Court orders
#- 1.The objection to Mr. Bungei's representation of the plaintiffs is disallowed
- 2.Hearing to proceed
- Jurisdiction invoked
- Not stated in the judgment (Environment and Land Court exercising original jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samwel Kiptoo Rop & another v Beatrice Nakhumicha Khaoya & 3 others [2020] KEELC 269 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/269/eng@2020-10-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.