John Wanjala Anyama v Wanandege Cooperative Savings & Credit Society Limited [2016] KEELRC 563 (KLR)
The bottom line
#A Kenyan court dismissed a cooperative's attempt to relaunch a rejected application through a new advocate, punishing it with costs.
What this practically means
#Executive summary
#Key legal issues
#Res judicata of the application dated 13th April 2016
The application was res judicata as its substance had been addressed in the ruling on the 8th March 2016 application
The respondent had made three similar applications seeking to stay, vary or review the judgment of 25th February 2016. The substantive issues in the 8th March 2016 application by Lumumba & Lumumba Advocates were addressed and struck out; introducing the same application through a different advocate instructed by the same officer cannot cure the res judicata bar.
Proper change of advocates after judgment under Order 9 rule 9
Service upon and consent of the outgoing advocate is mandatory; leave granted interim cannot substitute for notice to all parties
Order 9 rule 9 requires that a change of advocate after judgment be effected only by order of court upon notice to all parties, or by consent between the outgoing and incoming advocate. The interim leave granted on 6th May 2016 was pending inter-parties hearing; failing to serve Lumumba & Lumumba Advocates defeated a mandatory legal requirement and the discretion could not be exercised in a vacuum.
Abuse of court process by the respondent
The respondent's processes through different advocates instructed by the same CEO amounted to abuse of process aimed at subverting justice
The Chief Executive Officer, Boniface Muthama, instructed multiple firms to file overlapping applications on the same date, then failed to attend court when directed to consult and revert. Such conduct showed a party circumventing rather than advancing the course of justice, which cannot find place in the court.
Legal principles established
#- An application seeking leave for a new advocate to come on record after judgment must be served upon the outgoing advocate; without consent, notice to all parties is mandatory
- Once a similar application has been dismissed, a party cannot re-introduce it through a different advocate instructed by the same party
Court orders
#- 1.Objections raised by the claimant allowed
- 2.The application by Ochieng' Opiyo & Company Advocates dated 13th April 2016 is dismissed with costs to the claimant
- 3.The matter to proceed for taxation of costs
- Jurisdiction invoked
- Sections 12(3)(i) and (viii), 17(1) and (2) of the Employment and Labour Relations Court Act and Rules 16 and 27
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Wanjala Anyama v Wanandege Cooperative Savings & Credit Society Limited [2016] KEELRC 563 (KLR)", Case Analysis (2016). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/563/eng@2016-07-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.