Marwa v Mahegere & 5 others (Environment and Land Case 380 of 2017) [2025] KEELC 6517 (KLR)
The bottom line
#A Kenyan court refused to undo a land judgment, ruling that clients are bound by their advocates' actions and must personally follow up on their cases.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants met the threshold for review and/or setting aside of the orders of 3rd October 2023
They did not; no sufficient reason was demonstrated.
The court rehearsed the statutory review grounds under Section 80 of the Civil Procedure Act and Order 45 Rule 1, then applied the line of authority holding that a litigant is bound by counsel's acts and must pursue their own case diligently. The applicants' claim that their advocate never informed them of the hearing date, and that they did not know counsel holding brief, did not amount to mistake or error on the face of the record or any other sufficient reason, especially as an advocate holding brief acts with full authority.
Whether an advocate's failure to inform a client of a hearing date warrants setting aside judgment
No; a case belongs to the litigant, not the advocate, and the litigant must diligently follow the progress of the case.
Relying on Savings and Loans Limited v Susan Wanjiru Muritu, the court held that a litigant has a duty to pursue prosecution of the case and constantly check with counsel; a party moved to act only upon threat of execution is indolent and undeserving of the court's discretionary intervention.
Legal principles established
#- Jurisdiction to review a judgment or order is donated by Section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, limited to discovery of new and important matter, mistake or error apparent on the face of the record, or other sufficient reason
- A client is bound by the acts of their advocate unless fraud or want of authority is proven; counsel's mistake is not a sufficient ground for setting aside judgment absent injustice
- An advocate holding brief has full authority to act as instructed counsel and the client is bound by their actions
Court orders
#- 1.The Application dated 27th October, 2023 is dismissed with costs
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act as read with Order 45 Rule 1 of the Civil Procedure Rules (review jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marwa v Mahegere & 5 others (Environment and Land Case 380 of 2017) [2025] KEELC 6517 (KLR)", Case Analysis (2025). Not stated in judgment (consolidated with ELC Case No. 802 of 2017, formerly Kisii ELC Case No. 10 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6517/eng@2025-08-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.