Thirimbi alias Karinguri v Thimangu & another (Environment and Land Appeal E002 of 2022) [2024] KEELC 5786 (KLR)
The bottom line
#A Kenyan High Court struck out a security refund application because the new law firm never properly came on record under Order 9 Rule 9.
What this practically means
#Executive summary
#Key legal issues
#Whether a new advocate can come on record without a court order or consent under Order 9 Rule 9
No; the firm lacking such leave or consent is not properly on record and has no locus standi to move the court
Order 9 Rule 9 requires a change of advocates to be effected through a court order or consent of parties, protecting clients who attempt to sack advocates after judgment. The applicant was initially represented by Kevin Nyenyire & Company Advocates, but the application was filed by Kaberia Arimba & Company Advocates with no consent or court order authorising the change. The requirement is mandatory and cannot be cured by Article 159.
Whether the pending appeal at Nyeri bars release of the security deposit
No; the appeal having been determined in the applicant's favour, the pendency of the respondents' further appeal cannot prevent release of the security
The court held that the premature-release objection failed because the original appeal was already determined on 30.3.2024 and there was no appeal or order against release of the security. The court acted in the interest of justice and directed release of the security to the depositor notwithstanding the pending appeal.
Legal principles established
#- Failure to adhere to the provisions on change of legal representation under Order 9 cannot be cured by Article 159 of the Constitution; the procedure is mandatory and confers locus standi
- Once an appeal has been determined, the mere pendency of a further appeal cannot stop the court from releasing security in the interest of justice
Court orders
#- 1.All pleadings filed by the firm of Kaberia Arimba & Company Advocates struck out
- 2.The application dated 19.6.2024 struck out
- 3.The security money deposited to be released to the depositor
- Jurisdiction invoked
- Original jurisdiction over the suit file in which the security was deposited; procedure governed by Order 9 Rule 9 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thirimbi alias Karinguri v Thimangu & another (Environment and Land Appeal E002 of 2022) [2024] KEELC 5786 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5786/eng@2024-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.