Republic v County Government of Embu & 2 others Exparte Kanake Joshua Mugo [2019] KEELRC 1568 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the court erred by proceeding to hear the enforcement application with Issa & Company Advocates on record for the Respondents
The court did not err; the new firm had not come on record at the time
At the hearing, the firm of Issa & Company Advocates was on record for the 1st and 2nd Respondents, and the firm of Wesonga, Mutembei & Kigen Advocates was only seeking to come on record via the very motion now before the court. Since the new firm was not properly on record when the enforcement application was heard, the court could properly proceed in the presence of the advocates who were on record. No error was made.
Whether leave to appoint a new advocate is required after entry of judgment
Yes; leave must be obtained before a new advocate comes on record where a valid judgment exists
The court held that once there is a valid judgment on record, a party cannot simply appoint a new firm of advocates without first seeking and obtaining leave of the court. The Respondents made no such effort, as the record reveals, and therefore their motion to allow the new firm to come on record could not stand. This requirement protects concluded proceedings from being reopened through unilateral changes of representation.
Whether the court retains jurisdiction to review its orders enforcing judgment
No; the court is functus officio and the appropriate forum is the Court of Appeal
Having pronounced itself on the enforcement of the judgment, the court's jurisdiction was spent. It cannot review the decision of Ongaya J nor the decision on enforcement of the judgment. Any challenge to those decisions lies before the Court of Appeal, not before the same court in the guise of a review application alleging an error on the face of the record.
Legal principles established
#- Where there is a valid judgment on record, leave must be sought and obtained before a new advocate comes on record
- A court that has pronounced itself on the enforcement of its judgment becomes functus officio and cannot review its own decision
Court orders
#- 1.The notice of motion dated 21st November 2018 seeking review of the orders of 9th October 2018 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Review jurisdiction over the court's own orders (error apparent on the face of the record) and the functus officio principle
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Embu & 2 others Exparte Kanake Joshua Mugo [2019] KEELRC 1568 (KLR)", Case Analysis (2019). Judicial Review proceedings arising from ex parte Applicant's notice of motion dated 17th July 2018 (ex parte matter referenced ELRC 280 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1568/eng@2019-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.