Wafula (Derivatively on behalf of Trans Nzoia Investment Company Limited) v Walubengo & 6 others (Environment and Land Case 74 of 2019) [2026] KEELC 2206 (KLR)
The bottom line
#A Kitale land court confirmed it cannot decide who controls a company, closed the case file, and directed execution questions to the Deputy Registrar.
What this practically means
#Executive summary
#Key legal issues
#Leave to change advocates
Leave granted as no genuine reason was shown to refuse it
The court noted that a litigant may change advocates at any stage with leave, and found no basis under Order 9 Rule 9 to deny the applicant leave, in the absence of any genuine reason from the former lawyers on record.
Jurisdiction over company management and governance
Court lacks jurisdiction; preliminary objection upheld
The suit property had been reverted to the affected party by the court's own judgment, and disputes over who may direct its affairs, including which law firm may represent it in execution, are internal company matters outside the ELC's jurisdiction.
Functus officio and res judicata as to the application dated 15/4/2026
Application struck out; court functus officio and issues res judicata
The 12/11/2025 ruling had already pronounced itself on legal representation and execution; the notice of withdrawal of the appeal and surrender of the original decree rendered pending matters academic. Execution issues fall under Orders 22 and 49 and belong to the Deputy Registrar, whose powers the court declined to usurp.
Legal principles established
#- A litigant may change legal representation at any stage with leave of the court under Order 9 Rule 9 of the Civil Procedure Rules
- The Environment and Land Court lacks jurisdiction over the internal management, governance and control of a corporate party
- A court that has delivered final judgment becomes functus officio and cannot reopen issues, which may equally be res judicata
Court orders
#- 1.Leave granted to the applicant to change legal representation, there being no genuine reason under Order 9 Rule 9 to deny it
- 2.Preliminary objection dated 7/4/2024 upheld - the court lacks jurisdiction over matters touching on the management, governance and control of the affected party
- 3.Application dated 6/4/2026 struck out with no order as to costs
- 4.Application dated 15/4/2026 struck out with no orders as to costs
- 5.Orders dated 18/3/2026 reviewed to the extent that the application dated 18/2/2026 is marked as withdrawn with costs to the respondents
- 6.File marked closed, save for any post-judgment execution processes
- Jurisdiction invoked
- Jurisdiction of the Environment and Land Court as exercised at first instance; the court declined jurisdiction over internal company management/governance matters and execution matters falling under the Civil Procedure Rules (Orders 9, 22 and 49).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wafula (Derivatively on behalf of Trans Nzoia Investment Company Limited) v Walubengo & 6 others (Environment and Land Case 74 of 2019) [2026] KEELC 2206 (KLR)", Case Analysis (2026). Not stated in the judgment text. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2206/eng@2026-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.