Organics 4 Orphans International v Thrive for Good Foundation & 16 others [2022] KEELC 352 (KLR)
The bottom line
#A Kenyan court ordered two individuals to personally pay everyone's legal costs for filing a lawsuit they had no authority to start.
What this practically means
#Executive summary
#Key legal issues
#What constitutes 'the event' for purposes of costs
The event is the result of the entire litigation; here the Defendants succeeded in getting a wrongly-instituted suit discontinued, so costs follow that event
The court adopted Kuloba's definition of 'the event' as the result of the whole litigation, which may be decided by withdrawal or compromise. Since the suit was discontinued by valid consent of counsel properly on record and the initiators were found to lack authority, the Defendants were the successful parties entitled to costs.
Whether former advocates and their instructing clients should bear the costs
Yes - Boaz Oduor Ogollah and Douglas Kinaibei, having instructed counsel without authority and in defiance of subsisting orders, must personally pay the costs of both sides
The two individuals had been terminated and barred from interfering with the Plaintiff's affairs yet held themselves out as officials and instructed the suit. Their counsel knew this and persisted in contempt of other courts' orders. As principals of the firm under agency law, they must bear all costs incurred.
Whether the suit was effectively withdrawn
Yes - the consent to withdraw entered by counsel properly on record was effective, so the suit stood discontinued
Once Kraido & Company ceased acting and M.M. Kimuli & Company were deemed properly on record with instructions, the consent discontinuing the suit was valid whether or not formally recorded. Kraido's argument that the suit was neither dismissed nor withdrawn was rejected.
Legal principles established
#- Costs follow the event unless the court for good reason decides otherwise, and the court may order a party to pay costs to any extent
- An agent's acts bind the principal; the instructing individuals are personally liable for costs incurred through unauthorized litigation
Court orders
#- 1.The Application dated 07/07/2021 and filed on 08/07/2021 is marked as struck out with costs to the respondents
- 2.The suit is marked as wholly discontinued
- 3.Boaz Oduor Ogollah and Douglas Kinaibei shall personally meet the costs of the Plaintiff and the Defendants
- Jurisdiction invoked
- Section 27(1) of the Civil Procedure Act (inherent discretion over costs)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Organics 4 Orphans International v Thrive for Good Foundation & 16 others [2022] KEELC 352 (KLR)", Case Analysis (2022). Not stated in the judgment (ELC, Kitale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/352/eng@2022-04-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.