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ELCOtherNot stated in the judgment text· [2026] KEELC 2206 (KLR)

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)

Environment and Land Court
16 April 2026
651 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) delivered on 16 April 2026 dealing with several competing applications following a judgment in which the suit property was reverted to an affected company. First, the court granted the applicant leave to change legal representation under Order 9 Rule 9 of the Civil Procedure Rules, finding no genuine reason to refuse it. Second, the court upheld a preliminary objection dated 7/4/2024, holding that it lacked jurisdiction over matters touching on the management, governance and control of the affected party. Third, the court struck out an application dated 6/4/2026, which duplicated the main application, with no order as to costs. Fourth, in respect of the application dated 15/4/2026, the court noted that a ruling dated 12/11/2025 had already pronounced itself on legal representation for execution purposes; a notice of appeal, a pending stay ruling, a notice of withdrawal dated 19/3/2026 and the surrender of the original decree to the Deputy Registrar had overtaken the matter. The court held it was functus officio, the issues were res judicata and fell outside its jurisdiction, and that execution issues fell under Orders 22 and 49 of the Civil Procedure Rules, whose administration belongs to the Deputy Registrar. The application dated 15/4/2026 was struck out with no orders as to costs. In view of the notice of withdrawal, the orders of 18/3/2026 were reviewed so that the application dated 18/2/2026 was marked withdrawn with costs to the respondents. The file was marked closed save for post-judgment execution processes.

Key legal issues

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01

Leave to change advocates

Holding

Leave granted as no genuine reason was shown to refuse it

Reasoning

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.

p. 1
02

Jurisdiction over company management and governance

Holding

Court lacks jurisdiction; preliminary objection upheld

Reasoning

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.

p. 1
03

Functus officio and res judicata as to the application dated 15/4/2026

Holding

Application struck out; court functus officio and issues res judicata

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.Leave granted to the applicant to change legal representation, there being no genuine reason under Order 9 Rule 9 to deny it
  2. 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. 3.Application dated 6/4/2026 struck out with no order as to costs
  4. 4.Application dated 15/4/2026 struck out with no orders as to costs
  5. 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. 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

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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, "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.