Paul Kiplangat Keter v John Koech [2021] KEELC 3400 (KLR)
The bottom line
#A Kenyan court threw out an application because the new lawyer failed to follow mandatory procedures, and no proof of fraud or mistake justified undoing a consent order.
What this practically means
#Executive summary
#Key legal issues
#Whether the incoming advocate was properly on record
Not properly on record; the firm lacked standing to move the court for the Applicant
Order 9 Rule 9 requires that a change of advocate after judgment be effected only by court order on notice, or by consent between outgoing and incoming advocates. The Applicant's counsel filed a certificate of urgency purporting to come on record without leave. The rule is mandatory, regulates representation procedure without impeding the right to counsel of choice, and its breach deprived the firm of legal standing to file the application.
Whether the consent order taxing the Bill of Costs could be set aside or reviewed
It could not; no vitiating ground was established and Counsel had authority to compromise
Consent judgments have contractual effect and may only be set aside on grounds such as fraud, collusion, illegality, mistake, or ignorance of material facts. The Applicant gave no evidence that his Counsel lacked authority to consent to taxation at Ksh. 355,845/=, nor any vitiating ground. Counsel is presumed to have general authority to compromise absent proof of express negative direction, so the consent decree stood and the application lacked merit.
Legal principles established
#- The procedure in Order 9 Rule 9 for change of advocates after judgment is mandatory and cannot be waived as a mere technicality.
- A consent judgment or order has contractual effect and can only be set aside on grounds which would justify setting a contract aside.
- An advocate has general authority to compromise on behalf of his client absent proof of express negative direction.
Court orders
#- 1.The Application dated 17th June 2019 is dismissed in its entirety with costs.
- Jurisdiction invoked
- Articles 50 and 159 of the Constitution, Sections 1A and 3A of the Civil Procedure Act and Orders 45 and 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Kiplangat Keter v John Koech [2021] KEELC 3400 (KLR)", Case Analysis (2021). Not stated in excerpt (Notice of Motion dated 17th June 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3400/eng@2021-05-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.