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ELCOther· [2021] KEELC 3108 (KLR)

Isaac Kipkemboi Cheshire & 4 others v Joseph Kimitei Kwambai & 3 others; Rose Cheruiyot Rono & 3 others (Interested parties) [2021] KEELC 3108 (KLR)

Environment and Land Court
2 June 2021
1,478 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kenyan courts allow a litigant to have two law firms on record, but only with the first firm's consent and one firm must lead.

What this practically means

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Executive summary

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This is a directions ruling by the Environment and Land Court (S. M. Kibunja, J) arising from an objection raised on 22nd March 2021 by Mr Wafula, counsel for the 1st defendant, to a Notice of Appointment of Advocates dated 17th March 2021 by which M/s Betty Koech & Co. Advocates came on record for the 4th plaintiff alongside M/s Chelang'a Chambers Advocates. Mr Wafula argued there was no procedural basis for the notice and sought its striking out, citing potential confusion over service. No other party objected. The court reviewed the record, noting the first firm had appeared under three different names and that the notice itself described a differently named firm from the one that signed it. On the substantive question, the court adopted its earlier decision in Samuel K Rono & 32 Others v Joel Komen and Belgo Holdings Limited v Wilson Birir, holding that a party may be represented by more than one advocate, subject to Rule 7(1) of the Advocates (Practice) Rules, which requires the consent of the advocate already acting; absent that consent the second advocate lacks locus. Only the client or existing counsel could object, and neither did. The court endorsed the Belgo Holdings position that a litigant should have one firm on record as leading counsel, with others joined as assisting counsel, to avoid confusion and expense. The objection was rejected, and the firms were directed to file notices within seven days clarifying the leading and assisting firms and which firm handles court processes. No costs order was made.

Key legal issues

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01

Whether a party may have more than one advocate on record

Holding

Yes - a party may be represented by more than one advocate, but the second advocate requires the consent of the first, per Rule 7(1) of the Advocates (Practice) Rules; absent exhibited consent, service of the notice on the first firm is taken as lack of objection

Reasoning

The court adopted its own prior holding in Samuel K Rono v Joel Komen and the Belgo Holdings decision, relying on Rule 7(1) of the Advocates (Practice) Rules and Order 11 Rules 1 and 8. It found that the right to object vests only in the client and the existing counsel; neither objected, and the notice and motion were to be served on Chelang'a Chambers Advocates, so consent was presumed until otherwise indicated.

p. 2
02

Practical arrangement where two firms are on record

Holding

One firm must be designated leading counsel on record, responsible for drawing, filing, serving and receiving court process and taxing party-and-party costs, with the other as assisting counsel

Reasoning

Endorsing Belgo Holdings, the court reasoned that multiple firms on record create confusion over service and increase the cost and delay of litigation for all parties. It directed the two firms to file notices specifying the leading and assisting firms and which firm handles court processes for the 4th plaintiff.

p. 2
03

Whether the notice filed by Betty Koech & Co. Advocates should be struck out on the objection of the 1st defendant's counsel

Holding

The objection was rejected; the 1st defendant's counsel had no locus to object, though the irregularity in the firm name on the notice required clarification

Reasoning

The court observed that the notice described one firm (M/S Betty Koech, Njuguna & Co. Advocates) but was signed by another (M/s Betty Koech & Co. Advocates), and that the first firm on record had appeared under three different names. Only the client or existing counsel could object, and neither did, so the 1st defendant's objection failed, though directions for clarification were issued.

p. 2

Legal principles established

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  • Two or more advocates can represent the same party in a suit, subject to Rule 7 of the Advocates (Practice) Rules requiring consent of the advocate already acting
  • Only the client herself or the counsel already on record may object to a second counsel coming on record for a party
  • A litigant should have one firm on record as leading counsel, with other firms joined as assisting counsel, to avoid confusion and expense in service of process

Court orders

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  1. 1.Mr Wafula's objection to the 4th plaintiff having a second counsel on record is rejected as unmeritorious
  2. 2.The 4th plaintiff's counsel of choice to clarify the position by filing and serving the appropriate notices within seven (7) days
  3. 3.The two firms on record for the 4th plaintiff to file appropriate notices clarifying specifically which one is the leading and assisting advocate, and which firm draws, files, serves and receives court processes on behalf of the 4th plaintiff

Authorities

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Legislation

  • Civil Procedure RulesOrder 11 Rules 1 and 8 (as cited in Belgo Holdings)
  • Advocates (Practice) RulesRule 7(1)

Cases cited (2)

  • Samuel K Rono & 32 Others v Joel Komen & 32 Others
    Eldoret ELC No. 599 of 2012
  • Belgo Holdings Limited v Wilson Birir
    [2010] eKLR
Jurisdiction invoked
Inherent directions jurisdiction under the Civil Procedure Rules in an ongoing first-instance suit

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, "Isaac Kipkemboi Cheshire & 4 others v Joseph Kimitei Kwambai & 3 others; Rose Cheruiyot Rono & 3 others (Interested parties) [2021] KEELC 3108 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3108/eng@2021-06-02

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