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ELCDismissedNot stated in the judgment· [2026] KEELC 872 (KLR)

Sammy v Katondambuki & 2 others (Environment and Land Appeal E009 of 2025) [2026] KEELC 872 (KLR)

High Court (appellate jurisdiction over subordinate court interlocutory ruling)
19 February 2026
EOE. O. Obaga
275 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed that a lawyer who acted in the lower court can appear in an interlocutory appeal without filing a fresh notice of appointment.

What this practically means

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Executive summary

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This short ruling by Hon. E. O. Obaga, Judge, dated 19th February 2026, resolves an objection to counsel's appearance taken during highlighting of submissions in a pending appeal against a ruling of Hon. P. Gesora delivered on 24th April 2025. When the matter came up on 16th February 2026, Mr. Mutuku for the Appellant objected to Mr. Orende appearing for the 2nd Respondent on the ground that Mr. Orende had not filed a notice of appointment of advocate on the appeal file, and urged the court to expunge the documents he had filed. Mr. Orende responded that he had acted for the 2nd Respondent in the lower court and, having been served, no fresh notice of appointment was necessary since the appeal was a continuation of proceedings. The court agreed. It reasoned that the appeal arises from an interlocutory application, so whichever way the appeal goes, the matter must return to the lower court for completion of whatever was pending there. Accordingly, Mr. Orende did not have to file a notice of appointment of advocate on the appeal file. The court found the objection devoid of merit, dismissed it, and awarded costs of the objection to the 2nd Respondent. No authorities or statutory provisions were cited, and the substantive appeal remains pending before the court.

Key legal issues

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01

Requirement of a notice of appointment of advocate on an appeal file

Holding

Counsel who acted for a party in the lower court and has been served does not need to file a notice of appointment of advocate on the appeal file where the appeal arises from an interlocutory application

Reasoning

The court reasoned that the appeal arises from an interlocutory application, so whichever way the appeal goes, the matter must return to the lower court for completion of pending business. Appearing on the appeal file is therefore a continuation of the same proceedings in which counsel already acted, obviating a fresh notice of appointment. The objection to counsel's appearance and the request to expunge his documents consequently failed.

p. 1

Legal principles established

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  • Where an appeal arises from an interlocutory application and the matter must return to the lower court, counsel who acted in the lower court and was served need not file a fresh notice of appointment of advocate on the appeal file

Court orders

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  1. 1.Dismissal of the objection to Mr. Orende's appearance for the 2nd Respondent
  2. 2.Costs of the objection awarded to the 2nd Respondent
On appeal from
Lower court (subordinate court)
Not stated
Jurisdiction invoked
Appellate jurisdiction over a pending appeal against a ruling of the lower court

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, "Sammy v Katondambuki & 2 others (Environment and Land Appeal E009 of 2025) [2026] KEELC 872 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/872/eng@2026-02-19

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