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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 8282 (KLR)

Omari v Gumba; Ngoma & 2 others (Interested Parties) (Environment and Land Case 76 of 2015) [2025] KEELC 8282 (KLR)

Environment and Land Court
27 November 2025
841 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kisumu court confirmed that an interested party joined in a Kenyan land suit must pay costs after judgment, even when the judgment does not say so expressly.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kisumu (E. Asati, J) determines a Notice of Motion dated 17th June 2025 brought by the 2nd Interested Party, Anne Adhiambo Olang, supported by her affidavit of even date and opposed by the plaintiff's replying affidavit sworn on 9th July 2025. The application sought four reliefs: leave for the firm of C. Obiero & Associates Advocates to come on record for the 2nd Interested Party in place of Nyanga & Company Advocates after judgment; clarification of whether the costs decreed in the judgment applied to the Interested Parties, particularly the 2nd Interested Party, in the absence of specific directions; a stay of enforcement or execution of the Bill of Costs pending determination; and any other orders. On prayer 1, the court found the application unopposed by both the respondent and the previous advocates, held that litigants are entitled to representation by counsel, and granted leave. On the substantive prayer 2, the court applied section 27 of the Civil Procedure Act, holding that costs follow the event; since the Interested Parties caused themselves to be joined and judgment was entered against them as against the Defendant, the costs were payable by the Defendant and the Interested Parties, and no clarification was required. The stay was consequently not granted. The application was allowed only as to prayer 1, with no orders as to costs.

Key legal issues

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01

Change of advocates after judgment

Holding

Leave was granted as the prayer was unopposed and parties are entitled to representation by counsel

Reasoning

The court noted that neither the respondent nor the previous advocates on record opposed prayer 1, and that a litigant is entitled to representation by counsel of choice even post-judgment for purposes of defending the Bill of Costs. Leave was therefore granted to C. Obiero & Associates Advocates to come on record for the 2nd Interested Party.

p. 2
02

Whether decreed costs apply to Interested Parties absent specific directions

Holding

Yes - the costs order applies to all parties against whom the judgment was directed

Reasoning

Under section 27 of the Civil Procedure Act costs follow the event unless the court for good reason otherwise orders. The Interested Parties caused themselves to be joined in the suit, and judgment was delivered against them as against the Defendant. Costs are therefore payable by the Defendant and the Interested Parties, and no clarification of the judgment was necessary.

p. 3

Legal principles established

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  • Costs of and incidental to suits are in the discretion of the court, and costs follow the event unless the court for good reason otherwise orders
  • An order for costs made without specific directions binds all parties against whom the judgment was directed, including Interested Parties who joined the suit

Court orders

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  1. 1.Leave granted to the firm of C. Obiero & Associates Advocates to come on record for the 2nd Interested Party in place of Nyanga & Company Advocates
  2. 2.Prayer for clarification on costs refused - the order for costs applies to all parties against whom the judgment was directed
  3. 3.No orders as to costs
Jurisdiction invoked
Section 27 of the Civil Procedure Act (discretion of the court on costs); inherent powers to grant leave for change of representation

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, "Omari v Gumba; Ngoma & 2 others (Interested Parties) (Environment and Land Case 76 of 2015) [2025] KEELC 8282 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8282/eng@2025-11-27

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