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ELCAllowedELC Civil Suit (Originating Summons) formerly ELC Civil Suit No. 661 of 2014 (Milimani), transferred to Thika ELC· [2025] KEELC 3617 (KLR)

Njuguna v Gitau & 8 others (Civil Suit 206 of 2017) [2025] KEELC 3617 (KLR)

Environment and Land Court
6 May 2025
JOJ. M Onyango
1,319 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed you can strike out court documents filed by lawyers you never hired, protecting your right to choose your own advocate.

What this practically means

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Executive summary

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This was a ruling on a Notice of Motion dated 11th October 2024 by the 2nd Defendant, Dominic Nganga Njuguna, under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 51 rule 1 of the Civil Procedure Rules. He sought expungement from the record of all pleadings filed by the firm of Nyingi & Wanjiru Company Advocates purportedly on his behalf, and leave to file a Replying Affidavit to the Originating Summons concerning competing titles to land parcels Ruiru/Ruiru East Block 3/654 and 3/659. He averred that he never instructed that firm, never visited its offices or paid its fees, that his current advocates' efforts to trace the firm were futile, and that the Plaintiff must have orchestrated the firm's coming on record to mislead the court. The Plaintiff opposed, maintaining that the 2nd Defendant had appointed the firm, which filed a Notice of Appointment on 12th June 2024, that he never objected to the representation during the period it acted, and that the application was an abuse of process. The court noted the firm had not responded despite service by email, and that the Applicant's advocates could not trace its physical location. Relying on the Applicant's constitutional right to choose an advocate of preference, the court found the application merited and allowed it as prayed, expunging the pleadings filed by the firm and granting leave to file a Replying Affidavit, with each party bearing their own costs.

Key legal issues

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01

Whether pleadings filed on behalf of the 2nd Defendant by a firm of advocates he denies instructing should be expunged from the record

Holding

The application was allowed; the pleadings filed by M/s Nyingi & Wanjiru Company Advocates were to be expunged and leave granted to file a Replying Affidavit.

Reasoning

The Applicant denied ever instructing the firm, visiting its offices or paying its fees. The firm did not respond to the allegations despite service by email on 14th October 2021, and the Applicant's current advocates could not trace its physical location. In light of the constitutional right to choose an advocate of preference, the court found the application merited and allowed it as prayed, with each party bearing own costs.

p. 3

Legal principles established

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  • A party has a constitutional right to choose an advocate of their preference, and pleadings filed by a firm of advocates not instructed by the party may be expunged from the record.

Court orders

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  1. 1.Expunged from the court record all pleadings filed by M/s Nyingi & Wanjiru Company Advocates allegedly on behalf of the 2nd Defendant/Applicant
  2. 2.Granted the 2nd Defendant/Applicant leave to file a Replying Affidavit to the Originating Summons
  3. 3.Each party to bear their own costs
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Order 51 rule 1 of the Civil Procedure Rules

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, "Njuguna v Gitau & 8 others (Civil Suit 206 of 2017) [2025] KEELC 3617 (KLR)", Case Analysis (2025). ELC Civil Suit (Originating Summons) formerly ELC Civil Suit No. 661 of 2014 (Milimani), transferred to Thika ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3617/eng@2025-05-06

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