Mwaruwa v Jembe & another (Environment and Land Case E043 of 2023) [2026] KEELC 3271 (KLR)
The bottom line
#A Kenyan land court struck out an attempt to revive a dismissed suit because the new lawyer filed papers without first getting the court's permission.
What this practically means
#Executive summary
#Key legal issues
#Whether the new advocates were properly on record
The firm of T.A. Chacha and Associates was not properly on record; without leave under Order 9 Rule 9 their application was incompetent and was struck out
After dismissal of the suit there is deemed to be a judgment against the plaintiffs, triggering Order 9 Rule 9, which requires a new advocate to apply to court for leave to come on record and represent a party. T.A. Chacha and Associates filed the application without such leave, and their purported representation violated the rule, rendering the motion incompetent.
Whether the application to set aside dismissal for want of prosecution should be granted
The court did not reach the merits, striking out the application on the ground of the applicants' incompetent representation
The second respondent opposed, arguing the firm filing was not properly on record, had failed to disclose which firm it replaced, and had not served that firm; also that no evidence showed the former advocate had joined the DPP's office and the year-long delay showed disinterest. The court disposed of the matter on the representation point alone.
Legal principles established
#- Once a suit is dismissed, a deemed judgment exists against the plaintiffs and any new advocate must obtain leave of court before coming on record under Order 9 Rule 9
- Representation by an advocate who has not obtained leave under Order 9 Rule 9 renders proceedings filed by that advocate a nullity/incompetent
Court orders
#- 1.The application dated 8th October 2025 is struck out with no orders as to costs
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court over its own suit; Civil Procedure Rules, Order 9 Rule 9
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwaruwa v Jembe & another (Environment and Land Case E043 of 2023) [2026] KEELC 3271 (KLR)", Case Analysis (2026). Application dated 8th October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3271/eng@2026-04-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.