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ELCAllowedNot stated in the judgment

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)

Environment and Land Court
3 February 2026
BEB M Eboso
100 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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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.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the 3rd defendant's post-judgment application dated 4/12/2025 seeking leave to effect a change of advocates should be allowed

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The 3rd defendant's application dated 4/12/2025 is allowed in terms of prayer 2 (leave to effect a change of advocates)

    The bench

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    One judgment of the whole court — no separate or dissenting opinions.

    BE
    majority

    Wrote the judgment

    Jurisdiction invoked
    Original civil jurisdiction of the Environment and Land Court over a pending suit (specific provision not cited in the judgment)

    Quotable passages

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    Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

    In the absence of any opposition to the plea for change of advocates, the application is allowed in terms of prayer 2.
    p. 1Unopposed application for change of advocates allowed
    The application is not opposed.
    p. 1Fact that the application was unopposed

    Issues in the judgment

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    material

    The judgment does not state the case title or suit number of the matter in which the application was filed.

    minor

    The judgment does not state the prayer the application sought beyond 'prayer 2', nor the substance of that prayer.

    minor

    The judgment records a typographical error ('efiect' for 'effect') and does not give a neutral citation.

    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, "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.