Republic v Minister for Lands & another; Muthoka & 3 others (Exparte Applicants)
The bottom line
#A Kenyan court allowed judgment debtors to change lawyers after judgment and pay costs in instalments, but refused a full stay of execution.
What this practically means
#Executive summary
#Key legal issues
#Whether the incoming firm of Andrew Makundi & Co Advocates should be granted leave to come on record post judgment
Leave granted; the Applicants did not file a consent but sought leave from the court, which was granted.
Order 9 Rule 9 of the Civil Procedure Rules requires an order of the court for a change of advocate after judgment, either upon application with notice to all parties or upon consent. The Applicants applied by notice of motion; the court held the right to legal representation under Article 50(g) cannot be compromised and granted leave.
Whether the Applicants can be allowed to pay the taxed costs of Kshs 170,885/- in instalments
Allowed: initial payment of Kshs 35,000/- by May 30, 2023, then four equal monthly instalments, with execution to issue on default.
Order 21 Rule 12 empowers the court to order payment of a decretal sum by instalments for sufficient cause. Applying Keshval Jethabhai & Brothers Ltd v Saleh Abdul, the court found the Applicants showed bona fides by moving promptly after their goods were proclaimed and expressing willingness to pay, and exercised its discretion in the interest of justice.
Legal principles established
#- Leave of court must be obtained when an advocate seeks to come on record post judgment under Order 9 Rule 9 of the Civil Procedure Rules.
- A party's right to legal representation cannot be taken away or compromised even where advocate changes appear to be a delaying tactic.
- The court may allow settlement of a decree by instalments for sufficient cause, exercising its discretion judiciously.
Court orders
#- 1.Leave granted for the firm of Makundi & Co Advocates to come on record for the Applicants post judgment
- 2.Initial payment of Kshs 35,000/- to be made on or before May 30, 2023
- 3.Balance to be made in four equal instalments effective from the 15th day of every subsequent month
- 4.In default of any one instalment execution shall issue
- 5.Each party to bear its own costs
- Jurisdiction invoked
- Sections 8 & 9 of the Law Reform Act and Article 23(3)(f) of the Constitution of Kenya, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Minister for Lands & another; Muthoka & 3 others (Exparte Applicants)", Case Analysis (2023). Judicial Review Application 1 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17295/eng@2023-05-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.