Kassimu Sungura Kulecho v Norah Nyakoa Kulecho & Butali Sugar Mills Limited
The bottom line
#A Kakamega court allowed a company to change lawyers after judgment but refused to grant eviction orders in a case it had already closed.
What this practically means
#Executive summary
#Key legal issues
#Leave for new advocates to come on record post-judgment
Granted; legal representation by an advocate of one's choice is a constitutional right
Order 9 Rule 9 requires leave for a change of advocates post-judgment. The court balanced this procedural requirement against the constitutional right to representation of one's choice and allowed MNO Advocates LLP to come on record for the 2nd defendant in place of Getanda & Co. Advocates.
Whether eviction and permanent injunction could be granted in a determined suit
No; the court lacked jurisdiction and the application was an abuse of process
The suit had been struck out as res judicata on 3rd May 2023 and costs taxed. Substantive relief such as eviction and injunction should have been sought by counterclaim before determination. Having struck out the suit, the court became functus officio and could not entertain substantive claims by application.
Legal principles established
#- A party may only change advocates or act in person post-judgment with leave of court under Order 9 Rule 9
- A court that has struck out a suit as res judicata becomes functus officio and cannot grant substantive relief such as eviction by way of a post-judgment application
Court orders
#- 1.Leave granted to the firm of MNO Advocates LLP to come on record for the 2nd defendant in place of Getanda & Co. Advocates
- 2.The application dated 12th November 2025 struck out with no order as to costs
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court; application under Order 9 Rule 9 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kassimu Sungura Kulecho v Norah Nyakoa Kulecho & Butali Sugar Mills Limited", Case Analysis (2026). ELCLC No. E015 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6002/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.