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ELCDismissedChamber Summons dated 25th August 2025 (Nyeri ELC)· [2026] KEELC 3008 (KLR)

Njeru v Kuria & 16 others (Environment and Land Miscellaneous Case E005 of 2024) [2026] KEELC 3008 (KLR)

Environment and Land Court
13 May 2026
3,316 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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The Nyeri Environment and Land Court dismissed an attempt to rescue a late appeal, confirming that a new advocate's permission cannot apply backwards.

What this practically means

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Executive summary

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The applicants, who were respondents in the main application, brought a Chamber Summons dated 25th August 2025 seeking leave for the firm of Karanja Maina & Co. Advocates to come on record, a declaration that their Notice of Appeal dated 2nd August 2025 was properly filed, and a stay of execution of the ruling of 31st July 2025 by which the court (Olola J) ordered their eviction from Nyeri/Municipality Block 2/1326, the respondent being the registered proprietor. The respondent opposed, arguing that the incoming firm lacked standing absent compliance with Order 9 Rule 9, that the applicants were trespassers with no protectable rights, and that no substantial loss was demonstrated. The court framed issues on the change of advocates, the validity of the Notice of Appeal, stay of execution, and costs. Applying Ruth Munda Gituro, the court held that Order 9 Rule 9 is substantive and that leave to come on record cannot operate retrospectively to validate a Notice of Appeal filed before leave was granted; the Notice of Appeal therefore ought to be struck out. On stay, applying Order 42 Rule 6, Butt, Kenya Shell and James Wangalwa, the court found that the applicants showed no substantial loss beyond lawful eviction, no risk of the appeal being rendered nugatory, and that with negative orders the applicants should have approached the Court of Appeal. The application was dismissed with costs. Ruling dated, signed and delivered at Nyeri on 13th May 2026 by E. K. Makori, Judge.

Key legal issues

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01

Whether the incoming firm could come on record and validate the Notice of Appeal

Holding

Leave to come on record may be granted, but it cannot retrospectively cure a Notice of Appeal filed without prior leave; the Notice of Appeal ought to be struck out.

Reasoning

Order 9 Rule 9 requires an order of the court or consent before a change of advocate post-judgment takes effect. The Court of Appeal in Ruth Munda Gituro established that the rule is substantive, protecting advocates from fee-dodging litigants, and non-compliance is not a mere technicality curable under Article 159(2)(c). Since Karanja Maina & Co. filed the Notice of Appeal before obtaining leave, the court could not deem it properly filed.

p. 4
02

Whether stay of execution of the 31st July 2025 ruling should be granted

Holding

Stay refused: no substantial loss beyond lawful eviction, no nugatory-appeal risk shown, and the decree was a negative order for vacant possession.

Reasoning

Under Order 42 Rule 6(2), the applicant must show substantial loss, absence of unreasonable delay, and offer security. The applicants only faced lawful eviction; they did not state what business or improvements were on the land or what loss eviction would cause. Kenya Shell and James Wangalwa confirm imminent execution alone is not substantial loss, and the successful litigant's right to the fruits of judgment must be balanced. With negative orders, the proper avenue was the Court of Appeal.

p. 7

Legal principles established

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  • Leave to a new advocate to come on record after judgment under Order 9 Rule 9 does not operate retrospectively to validate a Notice of Appeal filed by that firm before leave was granted
  • Lawful eviction of a party in occupation does not of itself constitute substantial loss warranting stay of execution
  • Where the decree appealed from consists of negative orders, the applicant for stay should move the Court of Appeal rather than the trial court

Court orders

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  1. 1.The Notice of Appeal dated 2nd August 2025 cannot be deemed properly filed and ought to be struck out
  2. 2.The application dated 25th August 2025 is dismissed with costs
Jurisdiction invoked
Order 42 Rule 6 and Order 9 Rule 9 of the Civil Procedure Rules (stay of execution and change of advocates post-judgment), first-instance motion jurisdiction of the ELC

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, "Njeru v Kuria & 16 others (Environment and Land Miscellaneous Case E005 of 2024) [2026] KEELC 3008 (KLR)", Case Analysis (2026). Chamber Summons dated 25th August 2025 (Nyeri ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3008/eng@2026-05-13

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