Muasya v Kiendi (Environment and Land Appeal 10 of 2018) [2024] KEELC 515 (KLR)
The bottom line
#A Kenyan court confirmed you can change your lawyer after judgment, but only with the court's permission or your old lawyer's consent.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted under Order 9 Rule 9 for an incoming advocate to come on record after judgment
The application was merited and allowed as prayed; the incoming firm was granted leave to come on record and the notice of change of advocates deemed duly filed and served.
Order 9 Rule 9 requires an order of the court or a filed consent for a post-judgment change of advocate. The applicant sought leave with notice; the outgoing firm was not opposed but asked that the incoming firm undertake to pay its costs. The court held the proper remedy for the outgoing firm is an advocate/client bill of costs, and this did not bar the change. The application was therefore allowed as prayed.
Whether the outgoing advocate's claim to costs should be secured as a condition of the change
No condition or undertaking was imposed; the outgoing advocate's remedy is to file an advocate/client bill of costs.
The respondent firm raised its unpaid costs as a condition for consent. The court held that the law already allows an advocate to recover unpaid fees from a former client by way of an advocate/client bill of costs, and that this is the only option available to the respondent, so it could not prevent the incoming firm from coming on record.
Legal principles established
#- After judgment, a change of advocate or a party's decision to act in person takes effect only by order of the court (with notice to all parties) or by filed consent between the outgoing and incoming advocates, under Order 9 Rule 9.
- The purpose of Order 9 Rule 9 is to protect advocates from mischievous clients who dismiss them after judgment; an outgoing advocate's remedy for unpaid fees is an advocate/client bill of costs, not obstruction of the change.
Court orders
#- 1.Leave granted to the firm of Mutua Mathuva & Co, Advocates to come on record for the Applicant in place of E. B. Nyamongo & Company Advocates
- 2.The Notice of Change of Advocates filed herewith deemed duly filed and served upon grant of the said leave
- 3.Costs of the application to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 9 Rule 9 and Order 51 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muasya v Kiendi (Environment and Land Appeal 10 of 2018) [2024] KEELC 515 (KLR)", Case Analysis (2024). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/515/eng@2024-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.