Omari v Gumba; Ngoma & 2 others (Interested Parties) (Environment and Land Case 76 of 2015) [2025] KEELC 8282 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Change of advocates after judgment
Leave was granted as the prayer was unopposed and parties are entitled to representation by counsel
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.
Whether decreed costs apply to Interested Parties absent specific directions
Yes - the costs order applies to all parties against whom the judgment was directed
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.
Legal principles established
#- 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
#- 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.Prayer for clarification on costs refused - the order for costs applies to all parties against whom the judgment was directed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.