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ELCAllowedNot stated in the judgment· [2026] KEELC 463 (KLR)
Muthoni (Suing as the legal representative of the Estate of Benjamin M'Mailutha Kailibi - Deceased) v Liungia & 2 others (Land Case E002 of 2021) [2026] KEELC 463 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court at Meru allowed an unopposed request to change lawyers after judgment, confirming parties can switch counsel even after a case is decided.
What this practically means
#Executive summary
#This short interlocutory ruling of the Environment and Land Court at Meru, delivered by B M Eboso, ELC Judge, on 3 February 2026, determines a post-judgment application dated 4 December 2025 filed by the 3rd defendant in an ongoing suit. The application sought leave to effect a change of advocates on the record for the 3th defendant. The court recorded that the application was not opposed: Ms. Bett held brief for Mr. Kiogora Arithi for the 3rd defendant, and Ms. Abubakar appeared for the plaintiff, while the 1st and 2nd defendants were absent. Finding no opposition to the plea for a change of advocates, the court allowed the application in terms of prayer 2. No costs order was made and no substantive issues of law or evidence were determined; the ruling leaves the underlying suit and the earlier judgment unaffected, with the 3rd defendant simply permitted to change counsel on the record. The judgment does not state the case number, the names of the parties, or cite any authorities or statutory provisions.
Key legal issues
#Legal principles established
#Court orders
#- 1.The 3rd defendant's application dated 4/12/2025 is allowed in terms of prayer 2 (leave to effect a change of advocates)
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over a pending suit (specific provision not cited in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthoni (Suing as the legal representative of the Estate of Benjamin M'Mailutha Kailibi - Deceased) v Liungia & 2 others (Land Case E002 of 2021) [2026] KEELC 463 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/463/eng@2026-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.