Kenya County Government Workers Union (Union Branch) & 2 others v Nairobi City County & 5 others; Commission & another (Interested Parties); Advocates (Intended Interested Party) (Cause E068 of 2022) [2025] KEELRC 654 (KLR)
The bottom line
#A Kenyan court allowed the union to change lawyers after judgment, but only if it first deposits Kshs 150 million to protect the old lawyer's unpaid fees.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should issue under Order 9 Rule 9 for a change of advocates after judgment
Leave was granted, but conditioned on the Claimants depositing Kshs 150 million (the agreed fees under the Fee Agreement dated 17th September 2023) in Court pending resolution of the fees dispute
The court recognised the mischief targeted by Order 9 Rule 9 - replacement of advocates who prosecuted a case to judgment, leaving them chasing fees - and endorsed the precedents on point. However, it balanced that against the litigant's right to legal representation of choice. Since unpaid fees were undisputed, it allowed the change subject to a deposit securing the disputed fees.
Whether the outgoing advocate's fees had been settled
The court noted that the Applicants had not suggested the fees were paid even partially
The court observed that the bone of contention was payment of advocates' fees and that the Applicants had not indicated that fees had been settled. This factual finding underpinned the conditional nature of the leave granted.
Legal principles established
#- Change of advocate after judgment can only be effected by an order of court upon application with notice to all parties, or by consent between the outgoing and incoming advocates
- Order 9 Rule 9 protects advocates from being replaced after judgment without notice so that they are not left chasing their fees; a court may impose conditions, including security for unpaid fees, when granting leave
Court orders
#- 1.Leave granted to the firm of Okatch and Partners to come on record for the 1st and 2nd Claimants/Applicants in place of Odero and Partners, on condition that the said Claimants deposit the sum of Kshs 150 million in Court pending resolution of the dispute on advocates' fees
- 2.The Notice of Preliminary Objection dated 29th November 2024 to be determined only upon Okatch and Partners being properly placed on record
- 3.No orders as to costs
- Jurisdiction invoked
- Order 9 Rule 9 of the Civil Procedure Rules, 2010 (change of advocate after judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya County Government Workers Union (Union Branch) & 2 others v Nairobi City County & 5 others; Commission & another (Interested Parties); Advocates (Intended Interested Party) (Cause E068 of 2022) [2025] KEELRC 654 (KLR)", Case Analysis (2025). Nairobi ELRC Cause No. E068 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/654/eng@2025-02-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.