Registered Trustees of kenya Railways Staff Retirement Benefits Scheme & another v Higher Education Loans Management Board & 2 others (Environment and Land Case Civil Suit 59 of 2014) [2025] KEELC 4876 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that losing a case doesn't remove you from it, and granted a retirement scheme's new lawyers permission to represent it after judgment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the firm of Akide & Company Advocates should be granted leave to come on record for the 1st Plaintiff after judgment, under Order 9 Rule 9 of the Civil Procedure Rules
- 2.Whether the 1st Plaintiff, whose suit was dismissed for want of prosecution, retains locus standi in the post-judgment proceedings
Key legal issues
#Whether a plaintiff whose suit is dismissed for want of prosecution retains locus standi in post-judgment proceedings
Yes; dismissal of a suit does not remove the party from the proceedings or strip them of standing to participate in consequential matters such as review, reinstatement, execution-related questions, or defence of a counterclaim.
The court held that the dismissal of a claim is distinct from removing a party from proceedings. Section 34(3) of the Civil Procedure Act preserves the identity of parties, including those whose suits were dismissed, for execution and related questions. The 1st and 2nd Plaintiffs' proprietary interests in the suit property are intertwined, and the reliefs granted to the 2nd Plaintiff were rooted in shared rights. Even filing an appeal against the dismissal does not remove a party's locus.
Whether leave is required for an incoming advocate to come on record after judgment under Order 9 Rule 9
Yes; where judgment has been rendered and the party was unrepresented at the time, the incoming advocate requires leave of court to come on record, which was granted.
It was undisputed that judgment had been rendered and that at the time of judgment the 1st Plaintiff was unrepresented by counsel. The application therefore fell squarely within Order 9 Rule 9 of the Civil Procedure Rules, which governs changes of advocate after judgment. The Court of Appeal in Tobias M. Wafubwa vs Ben Butali was cited on the rationale: after judgment, execution-type applications remain continuation-type proceedings in which leave under Order 9 Rule 9 applies.
Legal principles established
#- A party whose suit has been dismissed for want of prosecution does not thereby lose locus standi in the proceedings; they may pursue review, reinstatement, defend a counterclaim, or appeal, and the dismissal does not extinguish their standing in post-judgment proceedings.
- Where judgment has been passed, a change of advocate requires leave of court or consent under Order 9 Rule 9 of the Civil Procedure Rules.
Court orders
#- 1.Leave granted to the firm of Akide and Company Advocates to come on record for and on behalf of the 1st Plaintiff/Applicant
- 2.Each party shall bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Article 50 of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 9 Rule 9, Order 45 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Relief refused
#Costs of the application awarded against any party
The court ordered each party to bear their own costs rather than costs in the cause as sought
Costs
Each party shall bear their own costs.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Nonetheless, the court does not subscribe to the position that once a party's suit is dismissed for want of prosecution, they lose locus in the matter. Such a proposition is unsupported by the law.
It cannot be gainsaid that locus standi goes to the jurisdiction of the court. Where a party lacks the requisite locus standi, the suit is rendered fatally defective as the court cannot entertain proceedings instituted by one who has no legal right to appear before it.
Leave be and is hereby granted to the firm of Akide and Company Advocates to come on record for and on behalf of the 1st Plaintiff/Applicant.
Each party shall bear their own costs.
Issues in the judgment
#Case title, case number and neutral citation do not appear in the judgment text provided.
The judgment alternates between '1st Defendant' and '1st Respondent' in the appearance section without explanation.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of kenya Railways Staff Retirement Benefits Scheme & another v Higher Education Loans Management Board & 2 others (Environment and Land Case Civil Suit 59 of 2014) [2025] KEELC 4876 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4876/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.