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ELCDismissedNot stated in the judgment (arising from HCCC 9 of 2009)· [2026] KEELC 2995 (KLR)

Commissioner of Lands v Heirs of ohe Late Wambugu Mathangani Family, Annah Wanjiru Mathangani & 100 others (Miscellaneous Civil Application 9 of 2009) [2026] KEELC 2995 (KLR)

Environment and Land Court
14 May 2026
EME. K. Makori
2,705 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Nyeri court refused to let new lawyers take over a compensation case or change how money is shared, dismissing the application with costs.

What this practically means

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Executive summary

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The Applicants, through Charles Wachira Kariuki claiming to be a family representative of the late Chief Wambugu Mathangani, sought by Notice of Motion dated January 15, 2025 an order confirming the beneficiaries' consent to a mode of distribution of compensation funds held in court (arising from the compulsory acquisition of L.R. No. Aguthi/Gatitu/3447 and a judgment delivered on September 23, 2015 in HCCC 9 of 2009), and confirmation of Joan Emma Advocates as the beneficiaries' advocates. The applicants asserted 35 beneficiaries had unanimously consented to the distribution. Peter Mwangi Muthoni, Wanyiri Kihoro Advocates and Wahome Gikonyo & Company opposed, contending the deponent lacked locus standi, the beneficiaries were never invited to the claimed meetings, the application sought to rewrite the judgment, and existing advocates had represented the beneficiaries since 2007. The Court framed two issues: whether Joan Emma Advocates should be granted leave to come on record post-judgment, and whether the Court should confirm the mode of distribution and release the funds. On the first, applying Order 9 Rule 9 of the Civil Procedure Rules, leave was declined since no consent existed and the beneficiaries were already represented by advocates who opposed the change. On the second, the Court held the application sought to rewrite and review what had already been determined; distribution must follow the 2015 judgment and the findings of the National Land Commission, the successor to the Commissioner of Lands under Article 67 of the Constitution and the Land Act. The entire application was dismissed with costs.

Key legal issues

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01

Whether Joan Emma Advocates could come on record post-judgment without consent of the outgoing advocates

Holding

Leave to come on record was refused because the existing advocates, representing the beneficiaries since the inception of the matter, opposed the change and no consent was filed.

Reasoning

Order 9 Rule 9 requires a post-judgment change of advocate to be effected either by application with notice to all parties or by consent between the outgoing and incoming advocate. No such consent existed, and the advocates on record (Peter M Muthoni, Wanyiri Kinyoro and Wahome Gikonyo) opposed the change, asserting the supporting deponent was not a listed beneficiary. Granting leave would displace advocates already acting for the beneficiaries.

p. 5
02

Whether the Court should confirm a mode of distribution and release the compensation funds as proposed by the Applicants

Holding

The prayer was refused; the application was treated as an attempt to rewrite the judgment of September 23, 2015, and distribution must follow that judgment and the NLC findings.

Reasoning

The 2015 judgment identified the interested parties who appeared before the inquiry and the Court, directed distribution in equal shares among the households of the deceased's wives, and provided for devolution to children or grandchildren. The inquiry was conducted under the Land Acquisition Act (Repealed), whose functions have since devolved to the National Land Commission under Article 67 of the Constitution and the Land Act. The Applicants, not being confirmed beneficiaries, could not vary that scheme.

p. 6

Legal principles established

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  • A change of advocate after judgment requires either an application with notice to all parties or a consent filed between the outgoing and incoming advocate under Order 9 Rule 9 of the Civil Procedure Rules.
  • A court will not permit a post-judgment application that amounts to rewriting or reviewing its own judgment; distribution of deposited compensation must follow the judgment as delivered.

Court orders

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  1. 1.Prayer for leave for Joan Emma Advocates to come on record declined
  2. 2.Entire application dismissed with costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 9 Rule 9
  • Civil Procedure RulesOrder 19 Rule 3
  • Land Acquisition Act (Repealed)Section 1(1) and 1(2) (reference of questions to the Court)
  • Land Act CAP 280Section 107; Sections 113-119
  • Constitution of KenyaArticle 67(1), 67(2)(a) and (h); Article 40(3); Article 40(3)(b)(i)

Cases cited (2)

  • Delphis Bank Ltd v Channan Singh Chatthe & 6 others
    [2005] KECA 297 (KLR)
  • Patrick Musimba v National Land Commission & 4 others
    (2016) eKLR
Jurisdiction invoked
Original and supervisory jurisdiction over the distribution of compensation funds deposited in Court in HCCC 9 of 2009, a reference under the Land Acquisition Act (Repealed); post-judgment application under Order 9 Rule 9 of the Civil Procedure Rules

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, "Commissioner of Lands v Heirs of ohe Late Wambugu Mathangani Family, Annah Wanjiru Mathangani & 100 others (Miscellaneous Civil Application 9 of 2009) [2026] KEELC 2995 (KLR)", Case Analysis (2026). Not stated in the judgment (arising from HCCC 9 of 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2995/eng@2026-05-14

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