Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedELRC Cause (judgment entered 29/10/2018; application dated 24th September 2020)· [2020] KEELRC 198 (KLR)

Cecilia Martha Njeri Nduati & Racheal Muthoni Mwangi v another [2020] KEELRC 198 (KLR)

Employment and Labour Relations Court
11 November 2020
HWHellen Wasilwa
2,214 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

#

A Kenyan court threw out a university's request to pay a judgment in instalments because its new lawyer was never formally allowed to take over the case.

What this practically means

#

Executive summary

#
The Presbyterian University of East Africa (Respondent/Applicant) filed a Notice of Motion dated 24th September 2020 seeking to set aside a same-day order dismissing its application dated 14th September 2020, which had sought leave to pay a decretal amount by monthly instalments of Kshs. 200,000 after a Kshs. 300,000 down payment, and to restore a stay of execution. The underlying decree had been entered against the University on 29/10/2018, with 15 days' stay granted; warrants of attachment issued on 08/09/2020 and the University's movable goods proclaimed on 10/09/2020. The Applicant blamed its advocate's failure to link to the virtual court for the dismissal, invoking Article 159 of the Constitution and the principle that a counsel's mistake should not be visited on the client. The Claimants opposed, noting the proclamation allowed 14 days, that no notice to show cause was served, that the University had been silent for almost two years, and that its new advocates were not properly on record under Order 9 Rule 9. The Court did not reach the merits of the stay or instalment questions. Holding that judgment was entered while P. M. Kamaara & Associates were on record and that firm had not ceased acting, the Court found that J. K. Mungania and Company Advocates could not come on record without leave. It accordingly dismissed the application of 24/09/2020 with costs to the Claimants.

Key legal issues

#
01

Whether the application filed through new counsel after judgment was properly on record

Holding

The Court found the application improperly on record and dismissed it with costs

Reasoning

Judgment was entered when P. M. Kamaara & Associates were on record and that firm had not ceased acting. Under Order 9 Rule 9 of the Civil Procedure Rules, J. K. Mungania and Company Advocates could only come on record after judgment with the previous advocate's consent or with leave of the Court, neither of which was obtained. The Court therefore did not reach the merits of the applications dated 14/09/2020 and 24/09/2020.

p. 3

Legal principles established

#
  • An advocate cannot come on record for a party after judgment without the consent of the previous advocate on record or leave of the Court (Order 9 Rule 9 of the Civil Procedure Rules)

Court orders

#
  1. 1.The application dated 24th September 2020 is dismissed
  2. 2.Costs of the application to the Claimant/Respondents

Authorities

#

Legislation

  • Constitution of KenyaArticle 159
  • Civil Procedure RulesOrder 21 Rule 12
  • Civil Procedure RulesOrder 22 Rule 18(a)
  • Civil Procedure RulesOrder 9 Rule 9

Cases cited (5)

  • Philip Chemwolo & Another -vs- Augustine Kubede
    (1982-88) KAR 1040
  • Burhani Decorators & Contractors -vs- Morning Foods Ltd & Another
    HCCA No. 604 of 2012
  • Hildegard Ndelut v Letkina Dairies Ltd & Another
    [2005] eKLR
  • Mohamed Akbar Khan vs Kasturchand Daga cited in Keshavji Jethabhai & Brothers Ltd v Saleh Abdul
    [1959] EA 260
  • KTK Advocates vs Baringo County Government
    Miscellaneous Case No. 1 of 2017
Jurisdiction invoked
not stated in judgment; original decreetal jurisdiction of the ELRC

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Cecilia Martha Njeri Nduati & Racheal Muthoni Mwangi v another [2020] KEELRC 198 (KLR)", Case Analysis (2020). ELRC Cause (judgment entered 29/10/2018; application dated 24th September 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/198/eng@2020-11-11

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