Jasso Chucha Huka (Branch Secretary, Isiolo Branch Kanu) & 2 others v Sadia Halake Galgalo & 4 others [2021] KEELC 3116 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed you can't pursue a case through a lawyer who hasn't been formally appointed, but a mistake means striking out, not ending the case forever.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellants' advocates were properly on record
The advocates were not properly on record because the prayer for leave to change advocates was never prosecuted first as required by Order 9 rule 10; hence they could not competently prosecute the rest of the prayers.
Order 9 rule 10 allows combination of a change-of-advocate prayer with other prayers, but the change question must be determined first. The Appellants' written submissions before the trial court canvassed only review of the consent order and delay, never pursuing the leave prayer. The court found no fault with the trial court's insistence on compliance, holding that where a trial court adopts one acceptable interpretation, the appellate court should not interfere absent misdirection or injustice.
Correct sanction for breach of Order 9 rule 9
Striking out, not dismissal, is the appropriate sanction for the breach of Order 9 rule 9.
The court reasoned that dismissal implies the matter was canvassed on merit and may bar a future similar application, which would be disproportionate where the party merely suffered a temporary setback and could regularise representation at minimal expense. Accordingly the court varied the trial court's dismissal order to an order of striking out.
Merits of the review/variation of the consent order
The court deliberately refrained from commenting on the merits of the review prayer, which remains open if the Appellants comply with Order 9.
Since the entire application dated 15th May 2018 was dismissed below for being misconceived and incompetent, the review prayer was never determined on merit. To avoid prejudicing the Appellants' future opportunity to be heard on review after regularising their representation, the court made no comments on the extensive submissions on that issue.
Legal principles established
#- An application under Order 9 rule 10 may combine the prayer for change of advocates with other prayers, but the question of change of advocate must be determined first; advocates not properly on record cannot competently prosecute the other prayers.
- The appropriate sanction for violation of Order 9 rule 9 is striking out, not dismissal, since a dismissal implies determination on merit and may bar future applications.
- An appellate court will not interfere where the trial court adopted one of two or more acceptable interpretations; interference lies only where the trial court misdirected itself in law or the option taken is plainly repugnant to justice.
- Costs follow the event under the proviso to Section 27 of the Civil Procedure Act unless the court, for good reason, directs otherwise.
Court orders
#- 1.The trial court's order dated 14th December 2018 is varied by substituting the dismissal order with an order striking out the Appellants' notice of motion dated 15th May 2018
- 2.Save for the said variation, the Appellants' appeal is dismissed in its entirety
- 3.The 2nd Respondent is awarded costs of the appeal, to be borne by the Appellants
- On appeal from
- Chief Magistrate's Court, Isiolo
- Isiolo CMCC No. 63 of 2013
- Jurisdiction invoked
- First appellate jurisdiction over the Chief Magistrate's Court ruling (Civil Procedure Act)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Velos Enterprises Limited v Paragon Electronics LTD & 3 others (Civil Appeal 274 of 2018) [2026] KECA 1273 (KLR)[2026] KECA 1273 (KLR)3 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Jasso Chucha Huka (Branch Secretary, Isiolo Branch Kanu) & 2 others v Sadia Halake Galgalo & 4 others [2021] KEELC 3116 (KLR)", Case Analysis (2021). Isiolo CMCC No. 63 of 2013 (appeal from ruling dated 14th December 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3116/eng@2021-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.