Ruto v County Government of Kericho (Environment and Land Petition E001 of 2022) [2026] KEELC 709 (KLR)
The bottom line
#The court struck out a contempt application against Kericho County because the petitioner's new lawyer never got proper court permission to take over the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the Notice of Motion dated 12th June 2025 was properly before the court
The application was improperly filed because Mutuma Gichuru & Associates Advocates, the incoming firm, neither sought leave to come on record nor filed a consent with the outgoing firm, contrary to the mandatory provisions of Order 9 Rule 9 of the Civil Procedure Rules.
The court noted that judgment was delivered on 28th September 2023 when the Petitioner was represented by Ken Ochieng & Company Advocates. The application was filed by Mutuma Gichuru & Associates Advocates, who filed a Notice of Appointment dated 10th June 2025 but neither sought leave to come on record nor filed a consent between themselves and the counsel on record. Relying on Order 9 Rule 9 and the decision in Archer & another v Archer & 2 others [2024] KEELC 7086 (KLR), the court held the provision is mandatory and protects advocates from mischievous clients.
Whether the contemnors should be cited for contempt of the judgment of 28th September 2023
Not determined, as the application was struck out on procedural grounds before the merits of the contempt allegation were reached.
Although the applicant argued the Respondent had failed to apply for a NEMA waste disposal site licence, to issue licences to waste transporters, and to secure the dumpsite with a perimeter wall and storm water drainage, the court did not adjudicate these allegations. The Respondent filed no response or submissions. The court instead confined itself to the threshold question of the propriety of the filing.
Legal principles established
#- A change of advocates after judgment has been passed cannot be effected without an order of the court upon application with notice to all parties, or upon a consent filed between the outgoing and incoming advocates
- An advocate who comes on record after judgment without leave of the court or a consent under Order 9 Rule 9 is not properly on record, and filings made by such advocate are improperly filed
Court orders
#- 1.The Notice of Motion application dated 12th June, 2025 is struck out for having been improperly filed
- Jurisdiction invoked
- Sections 1A, 1B & 3A of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules, Sections 3 & 13 of the Environment and Land Court Act and Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ruto v County Government of Kericho (Environment and Land Petition E001 of 2022) [2026] KEELC 709 (KLR)", Case Analysis (2026). Petition dated 15th May, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/709/eng@2026-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.