Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCDismissedELRC Cause No. 490 of 2014

Jackson Kimani Waweru & 5 Others v Attorney General Kenya & 3 Others

Employment and Labour Relations Court of Kenya
25 September 2026
2,679 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

#

The Employment Court dismissed the application because the new law firm was never properly placed on record, so the claimants' money requests failed.

What this practically means

#

Executive summary

#
The 3rd and 6th Claimants, former employees of the defunct Municipal Council of Nakuru whose suspensions were found unlawful by Radido J's judgment of 7th October 2016, moved the court by Notice of Motion dated 18th May 2026 seeking leave for Murimi, Mbago & Muchela Advocates to come on record, preservation of Kshs.7,315,618.60 deposited in court by the 4th Respondent, payment of wage arrears, and reconciliation of sums due before any balance was released to the Respondents. The 3rd and 4th Respondents opposed, asserting that computations of Kshs.318,496.20 for each Claimant were agreed and adopted, the deposit on 27th June 2018 discharged their obligation, a consent dated 19th March 2021 confirmed the figures, and an order of 17th October 2023 directed release of Kshs.636,992.40 to the Claimants' advocates and the balance of Kshs.6,678,626.20 to the 4th Respondent. The Claimants' advocate filed no submissions. Mwaure J framed two issues: whether the incoming firm was properly on record, and whether the application was competent and merited. Applying Order 9 Rule 9 of the Civil Procedure Rules and its consistent jurisprudence, the court found no consent with, nor service on, the former advocates, so the firm lacked locus standi. The court further noted the unchallenged 17th October 2023 order. The application was dismissed with each party bearing their own costs.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the firm of Murimi, Mbago & Muchela Advocates are properly on record for the 3rd & 6th Claimants/Applicants
  2. 2.Whether the application dated 18th May 2026 is competent and merited

Key legal issues

#
01

Whether the incoming firm was properly on record after judgment

Holding

It was not; no consent with the former advocates or evidence of service was provided as required by Order 9 Rule 9

Reasoning

The court traced representation from Brian Otieno & Co. Advocates through Gordon Ogola Kipkoech & Co. Advocates to the incoming firm. It found no consent between the outgoing firm and Murimi, Mbago & Muchela Advocates and no proof of service of intention to take over. Following Kochieng and the Order 9 Rule 9 authorities, it held the firm lacked locus standi to prosecute the application.

p. 13
02

Whether the application of 18th May 2026 was merited

Holding

It was not; an unchallenged order of 17th October 2023 already directed release of the deposit, and no appeal or review of it existed

Reasoning

The court noted the order of 17th October 2023 directed release of Kshs.636,992.40 to the Claimants' advocates and the balance of Kshs.6,678,626.20 to the 4th Respondent, with the matter to be marked settled. Since no appeal or review of that order had been filed, the court found the present application unmerited and dismissed it.

p. 14

Legal principles established

#
  • A change of advocates after judgment requires either an order of the court made on notice to all parties or a consent filed between the outgoing and incoming advocates
  • An advocate not properly on record lacks locus standi to file or prosecute an application, and other prayers cannot be entertained

Court orders

#
  1. 1.Notice of Motion dated 18th May 2026 dismissed
  2. 2.Each party to meet their respective costs of the application

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Article 162(2) of the Constitution; Employment and Labour Relations Court Act, section 12

Relief refused

#

Leave for Murimi, Mbago & Muchela Advocates to come on record for the 3rd and 6th Claimants

No evidence of consent with, or service on, the former advocates as required under Order 9 Rule 9 of the Civil Procedure Rules

p. 13

Stay/preservation of the balance of monies deposited in court, payment of wage arrears, and reconciliation/verification of sums due

Application not merited; a valid order of 17th October 2023 directing release of the balance remains unchallenged

p. 14

Costs

Each party to meet their respective costs of the application.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Murimi, Mbago & Muchela Advocates were not properly on record and therefore lacked locus standi to file or prosecute the application dated 18th May 2026
p. 13Order 9 Rule 9 - change of advocates after judgment
failure to observe the requirements of Order 9 Rule 9 of the Civil Procedure Rules is a matter of jurisdiction and not one of procedural technicality
p. 12Jurisdictional nature of Order 9 Rule 9 non-compliance
There being no appeal or review of the said order, the court finds this application is not merited and is dismissed.
p. 14Final orders - dismissal of the application
The court orders each party to meet their respective costs of this application.
p. 14Costs

Issues in the judgment

#
material

Application dated '18th May 2026' while cause number is 2014 and 3rd Claimant died in 2013, yet 6th Claimant purported to act with his authority

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jackson Kimani Waweru & 5 Others v Attorney General Kenya & 3 Others", Case Analysis (2026). ELRC Cause No. 490 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2532/eng@2026-09-25

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