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ELCDismissedEnvironment & Land Case 11 of 2015· [2023] KEELC 18004 (KLR)

Guchokaniriria Kihato Farmers v General & 2 others

Environment and Land Court
16 June 2023
JOJ. O. Olola
1,318 words in judgment
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The bottom line

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What this practically means

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Executive summary

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By a Chamber Summons dated May 5, 2022, Edward Kings Onyancha Maina, purporting to act for the plaintiff Guchokaniriria Kihato Farmers, sought orders striking out ab initio all pleadings filed by Hamilton Harrison & Mathews for the 2nd and 3rd defendants and by Victor Njuguna Nduhiu, together with proceedings generated by 'Mr. Owiti' and Mr. Nduhiu, on the ground that neither advocate held a valid practising certificate under section 21 of the Advocates Act; he also sought personal costs against them at the higher scale. The application was opposed. Victor Kenji Nduhiu swore that the search documents related to other practitioners in his former firm and that no person named Victor Njuguna Nduhiu existed; Eddy Owiti swore he had held valid practising certificates throughout, including 2021 and 2022, and that the firm had explained this to the applicant by letter of June 17, 2020, enclosing his certificates. Olola J found the application misidentified both advocates, that both were licensed for the relevant period, and that no pleading had been filed individually by either counsel - the documents were filed by their law firms. Relying on Trust Bank Limited v Amin Company Limited, the court held the application frivolous and vexatious, noting the applicant persisted despite clarification and that some plaintiffs denied instructing him. The Chamber Summons was dismissed with costs payable personally by Mr. Onyancha Maina.

Key legal issues

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01

Whether pleadings should be struck out for want of advocate practising certificates

Holding

The application failed because both advocates were duly licensed for the relevant period and the pleadings were filed by law firms, not the named individuals

Reasoning

The court found the application misidentified the advocates: the correct name was Victor Kenji Nduhiu, not Victor Njuguna Nduhiu, and 'Mr. Owiti' was Eddy Owiti. Practising certificates annexed to the replies showed both were licensed for 2021 and 2022. No pleading was filed individually by the two counsels; documents were filed by their firms. The applicant also persisted after receiving clarification by email on June 17, 2020/2022.

p. 3
02

Whether the application was frivolous and vexatious

Holding

Yes; the court adopted the Court of Appeal's definition in Trust Bank Limited v Amin Company Limited and dismissed the application

Reasoning

The application was groundless: the advocates were licensed, the pleadings were not specified, and the documents were filed by law firms rather than the individuals named. The applicant also proceeded despite an explanation from the firm. The court further noted uncertainty as to on whose instructions the application was brought, since some plaintiffs denied being represented by the applicant.

p. 3

Legal principles established

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  • A pleading is frivolous when without substance, groundless or fanciful, and vexatious when it lacks bona fides, is hopeless or offensive, and causes the opposite party unnecessary anxiety, trouble or expense

Court orders

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  1. 1.The Chamber Summons dated May 5, 2022 is dismissed
  2. 2.Costs of the application to be met by Mr. Edward Kings Onyancha Maina who filed it

Authorities

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Legislation

  • Advocates Actsection 21

Cases cited (1)

  • Trust Bank Limited -vs- Amin Company Limited
    (2000) KLR 164

    Definition of frivolous and vexatious pleadings

Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over an interlocutory Chamber Summons in ELC Case 11 of 2015

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, "Guchokaniriria Kihato Farmers v General & 2 others", Case Analysis (2023). Environment & Land Case 11 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18004/eng@2023-06-16

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