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ELCDismissedNot stated in judgment· [2026] KEELC 3381 (KLR)

Imbani Dispensary v Abdi (Environment and Land Miscellaneous Application 195 of 2019) [2026] KEELC 3381 (KLR)

Environment and Land Court
4 June 2026
CMC.G. Mbogo
697 words in judgment
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The bottom line

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The Environment and Land Court dismissed a lawyer's request to join a case because the client denied ever hiring them.

What this practically means

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Executive summary

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The applicant, Julius Musyoka Kilonzo, through the firm of Rene & Hans Advocates LLP, filed a notice of motion dated 12th November, 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 9 Rule 9 of the Civil Procedure Rules seeking leave for that firm to come on record and represent the applicant alongside the firms of P.G Kaingu & Co. Advocates and Wanjiru Thungu & Co. Advocates, with costs in the cause. The application was supported by an affidavit of the applicant, who deponed that since the court converted an award of the National Land Commission into a judgment on 17th October, 2021, he had not realised the fruits of the judgment owing to lack of interest by the advocates on record, and wished to pursue execution. Curiously, the same deponent opposed the application by a later replying affidavit sworn on 16th December, 2025, averring that he never instructed Rene & Hans Advocates LLP, that the supporting affidavit was fraudulently obtained, and that his actual lawyers were P.G Kaingu & Co. Advocates and Wanjiru Thungu & Co. Advocates. P.G Kaingu & Company also filed grounds of opposition, describing the motion as frivolous, vexatious and an abuse of the court process. Although the court directed written submissions, none were filed. Mbogo J identified a sole issue: whether the application was merited. The record showed that on 6th January, 2025 the applicant had already instructed the two firms on record for execution, and a prior dispute over representation had been resolved by a ruling of 24th April, 2025. With the applicant distancing himself from the instructions and no further evidence confirming them, no sufficient basis was laid. The court found the motion frivolous and a waste of judicial time, dismissed it, and made no orders as to costs.

Key legal issues

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01

Whether the notice of motion dated 12th November, 2025 under Order 9 Rule 9 of the Civil Procedure Rules for leave to come on record is merited

Holding

The application is not merited and is dismissed as frivolous

Reasoning

The court perused the record and found that on 6th January, 2025 Julius Musyoka Kilonzo instructed P.G Kaingu & Co. Advocates and Wanjiru Thungu & Co. Advocates to represent him in execution. A dispute as to representation had already been resolved by a ruling delivered on 24th April, 2025. The applicant swore a replying affidavit distancing himself from Rene & Hans Advocates LLP, claiming the supporting affidavit was fraudulently obtained. With no further evidence confirming instructions to the incoming firm, no sufficient basis was laid for the application.

p. 2

Legal principles established

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  • An advocate seeking leave to come on record must demonstrate actual instructions from the party; a denial of instructions without confirming evidence defeats the application.

Court orders

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  1. 1.The notice of motion dated 12th November, 2025 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 9 Rule 9
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and 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, "Imbani Dispensary v Abdi (Environment and Land Miscellaneous Application 195 of 2019) [2026] KEELC 3381 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3381/eng@2026-06-04

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