Serah Wanjiru Kung’u v Peter Munyua Kimani [2021] KEELC 1417 (KLR)
The bottom line
#A Kenyan court struck out a stay application because the new lawyer never got permission to take over the case after judgment.
What this practically means
#Executive summary
#Key legal issues
#Effect of non-compliance with Order 9 rule 9 Civil Procedure Rules on an application filed by a new advocate without leave
The application is incurably defective and liable to be struck out without venturing into its merits
The court noted that the respondent changed advocates twice post-judgment without prior leave, consent or notice. The mandatory framework of Order 9 rule 9 exists to ensure orderly administration of justice. The respondent took a casual approach to change of advocates while his application itself focused on the diligence of his legal representatives. The appellant's objection was upheld and the application struck out on this threshold ground, merits unaddressed.
Correction of the appellant's name in the judgment
The name of the appellant was amended to read SERAH WANJIRU KUNG'U as per the memorandum of appeal
The application dated 22/9/2021 sought review/amendment of the judgment of 29/7/2021 to capture the correct name of the appellant as contained in the memorandum of appeal. The respondent conceded to this application during the virtual canvassing of the two applications, and the court granted it in terms of prayers 2 and 4.
Legal principles established
#- Post-judgment changes of advocates require prior leave of the court or consent of the outgoing advocate under Order 9 rule 9; an application filed by a firm not properly on record is incurably defective and must be struck out
Court orders
#- 1.The respondent's application dated 21/9/2021 is struck out for having been filed by a law firm that was not properly on record
- 2.The respondent shall bear the costs of the application dated 21/9/2021
- 3.The appellant's application dated 22/9/2021 is allowed in terms of prayer 2 so that the name of the appellant reads SERAH WANJIRU KUNG'U as captured in the memorandum of appeal and not SERAH WANJIKU KUNGU
- 4.There shall be no order as to costs of the appellant's application
- 5.The Court Registry shall forthwith avail certified copies of the proceedings and judgment to the parties, upon payment of the requisite court fees
- Jurisdiction invoked
- Appellate/Review jurisdiction of the Environment and Land Court over its own appeal and judgment; applications under Order 9 rule 9 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Serah Wanjiru Kung’u v Peter Munyua Kimani [2021] KEELC 1417 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1417/eng@2021-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.