Muturi v Mwangi alias John Njaramba & 2 others (Environment and Land Case E002 of 2021) [2025] KEELC 7937 (KLR)
The bottom line
#A Murang'a court dismissed a defendant's attempt to change lawyers and overturn a two-year-old judgment, ruling he deliberately ignored court summons.
What this practically means
#Executive summary
#Key legal issues
#Compliance with Order 9 rule 9 on change of advocate after judgment
The motion fell short of the Order 9 rule 9 threshold as it was neither served on the outgoing advocate nor accompanied by his consent
The rule permits a change of advocate after judgment only by court order on notice to all parties or by a consent filed between the outgoing and incoming advocates. The motion was served only on the 2nd and 3rd Defendants' counsel, and there was no consent from Chris Maina and Co. Advocates, making the requirements mandatory and unmet.
Applicability of Order 22 rule 22 CPR to stay of execution
Order 22 rule 22 has no application because the decree was made by this court, not sent for execution from another court
The rule concerns the court to which a decree has been sent for execution. Since the decree originated from the same court, the provision could not ground the stay sought, and the court so held without more.
Whether Order 45 rule 1 conditions for review were satisfied
They were not: the alleged new matter (the investigating officer's finding of non-forgery) was dated 26/4/2022, a year before the judgment, and was a fact the 1st Defendant inherently knew
Review requires new and important matter not within the applicant's knowledge, an error apparent on the face of the record, sufficient reason, and no unreasonable delay. The 1st Defendant knew whether he had forged a signature before the officer's finding; he was served on 26-10-2021, chose not to enter appearance or file a defence, and could not fault his ignorance on counsel.
Legal principles established
#- Where there is a change of advocate after judgment, the change must be effected either by court order on notice to all parties or by consent filed between the outgoing and incoming advocates; service on the outgoing advocate or his consent is mandatory
- Order 22 rule 22 CPR applies only to decrees sent for execution from another court, not a court's own decree
- A party who knowingly elects not to defend a suit cannot later rely on review under Order 45 on the basis of facts he knew before the decree
Court orders
#- 1.Dismissal of the notice of motion dated 16-6-2025
- 2.Costs of the application awarded to the 2nd and 3rd Defendants
- Jurisdiction invoked
- Civil Procedure Rules, Orders 9 rule 9, 22 rule 22 and 45 (original civil jurisdiction, review of own judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muturi v Mwangi alias John Njaramba & 2 others (Environment and Land Case E002 of 2021) [2025] KEELC 7937 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7937/eng@2025-11-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.