Ouko v Adundo & 2 others (Enviromental and Land Originating Summons 61 of 2021) [2024] KEELC 6803 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether L K Obwanda and Company Advocates are properly on record for the applicant
The firm is properly on record under Order 9 Rule 9 of the Civil Procedure Rules 2010, and the applicant is entitled to be represented by counsel of choice under Articles 48, 50(1) and 25(c) of the Constitution
The court invoked the constitutional guarantees of access to justice and fair hearing, including representation by counsel of choice, and applied Order 9 Rule 9 to hold the incoming firm properly on record. This limb of the application was found to have partial merit.
Whether execution/break-in orders should issue despite the pending appeal and stay
The relief was refused because stay of execution was granted on 30th January 2023 and an appeal is pending before the Court of Appeal at Kisumu
The court noted the ten-month delay in bringing the application, the subsisting stay with security of Kshs.15,000 deposited, and the pending appeal (Kisumu Court of Appeal Civil Appeal No. E277 of 2023). Relying on the Goldenberg case, it held the matter should not proceed simultaneously in both courts.
Legal principles established
#- A litigant has an unlimited right to be represented by counsel of choice, and a new firm may come on record under Order 9 Rule 9 of the Civil Procedure Rules 2010
- Where an appeal is pending before the Court of Appeal with a subsisting stay of execution, the trial court should not entertain execution-related proceedings concurrently
- A successful litigant has a vested right to an effectual judgment, but delay defeats equity
Court orders
#- 1.Leave granted for the firm of L K Obwanda and Company Advocates to come on record for the applicant
- 2.The rest of the application (break-in/eviction orders, security and service on the Inspector General) disallowed
- 3.No orders as to costs
- Jurisdiction invoked
- Articles 40, 48 and 50 of the Constitution of Kenya 2010 and sections 1A, 1B and 3A of the Civil Procedure Act (Chapter 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ouko v Adundo & 2 others (Enviromental and Land Originating Summons 61 of 2021) [2024] KEELC 6803 (KLR)", Case Analysis (2024). Not stated in the judgment (application by Notice of Motion dated 4th July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6803/eng@2024-10-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.