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ELCStruck OutNot stated in the judgment· [2025] KEELC 8508 (KLR)

Equip Agencies Limited & another v Gitau, Ngigi, Njoroge (Sued as office bearers of Gigil Total Investors Self Help Group & 4 others (Land Case 89 of 2024) (Environment and Land) [2025] KEELC 8508 (KLR)

Environment and Land Court
4 December 2025
1,268 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court struck out a law firm's entire application because it replaced the previous lawyer after judgment without following the required procedure.

What this practically means

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Executive summary

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The court (M.C. Oundo, Judge, Environment and Land Court, Naivasha) ruled on a Notice of Motion dated 13th August 2025 in which the incoming firm, M/s Omondi Odegi & Company Advocates, sought leave to come on record for the 1st Plaintiff/Applicant in place of M/s Gichuki King'ara & Company Advocates, to have the Notice of Change of Advocates deemed properly filed, and to obtain leave to file a Reference out of time against the Taxing Master's Ruling of 9th July 2025, with any such leave operating as a stay of execution of the Certificate of Costs and a Proclamation Notice issued by M/s Bemac Auctioneers. The 2nd and 5th Respondents opposed. The court held that taxation of a Bill of Costs is a post-judgment proceeding, so Order 9 Rule 9 of the Civil Procedure Rules was triggered once judgment was entered. The incoming firm, without a court order or a consent from the outgoing counsel, filed a Certificate of Urgency purporting to come on record. Relying on S.K. Tarwadi v Veronica Muehlmann, Lalji Bhimji Shangani Builders & Contractors v City Council of Nairobi and Monica Moraa v Kenindia Assurance Co. Ltd., the court held that the Order 9 Rule 9 procedure is mandatory and not a mere technicality; the firm was therefore not properly on record and had no legal standing to move the court. The Notice of Motion and all pleadings filed by the firm were struck out with costs. The Applicant's substantive claims for leave and stay were consequently refused.

Key legal issues

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01

Change of advocates after judgment

Holding

The incoming firm failed to obtain a court order or file a consent from the previous counsel as required by Order 9 Rule 9, so its purported coming on record was irregular

Reasoning

Judgment had been entered for the 1st and 2nd Defendants and the suit settled per a Deed of Settlement, triggering Order 9 Rule 9. The incoming counsel instead filed a Certificate of Urgency purporting to come on record without leave or consent. The rule, though not impeding the right to counsel of choice, is mandatory and safeguards against undercutting; non-compliance cannot be excused as a technicality.

p. 3
02

Consequence of non-compliance with Order 9 Rule 9

Holding

The firm is not properly on record and all pleadings filed by it, including the Notice of Motion dated 13th August 2025, are struck out with costs

Reasoning

Having come on record irregularly, the firm had no legal standing to move the court. Although the Applicant has a constitutional right to representation of choice, where clear statutory provisions regulate the procedure, they must be adhered to. The court therefore struck out the entire application rather than excusing the defect.

p. 3

Legal principles established

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  • A change of advocates after judgment requires an order of the court or a filed consent; the Order 9 Rule 9 procedure is mandatory, not a mere technicality
  • An advocate who comes on record without complying with Order 9 Rule 9 lacks legal standing to move the court for the party
  • Taxation of a Bill of Costs is a post-judgment/decree proceeding, so challenging it by Reference is a step taken after judgment

Court orders

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  1. 1.The Notice of Motion dated 13th August 2025 and all pleadings filed by M/s Omondi Odegi & Company Advocates are struck out with costs
  2. 2.Costs of the application granted to the Respondents

Authorities

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Legislation

  • Advocates (Remuneration) OrderParagraph 11(4)
  • Civil Procedure RulesOrder 22 Rule 22
  • Civil Procedure RulesOrder 9 Rule 9
  • Civil Procedure RulesOrder 42 Rule 6
  • Civil Procedure ActSections 1A, 1B & 3A
  • High Court (Organization and Administration) General Rules, 2016Rule 17

Cases cited (3)

  • S. K. Tarwadi vs Veronica Muehlmann
    [2019] eKLR
  • Lalji Bhimji Shangani Builders & Contractors v City Council of Nairobi
    [2012] eKLR
  • Monica Moraa v Kenindia Assurance Co. Ltd.
    [2010] eKLR
Jurisdiction invoked
Paragraph 11(4) of the Advocates (Remuneration) Order, Orders 9, 22 and 42 of the Civil Procedure Rules, Sections 1A, 1B & 3A of the Civil Procedure Act and Rule 17 of the High Court (Organization and Administration) General Rules, 2016

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, "Equip Agencies Limited & another v Gitau, Ngigi, Njoroge (Sued as office bearers of Gigil Total Investors Self Help Group & 4 others (Land Case 89 of 2024)  (Environment and Land) [2025] KEELC 8508 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8508/eng@2025-12-04

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