Machakos Wattlebark Co-operative v Cooperative Bank of Kenya Limited & another; Machakos Cooperative Union & 8 others (Intended Interested Party) (Environment & Land Petition 28 of 2015) [2025] KEELC 794 (KLR)
The bottom line
#A Machakos High Court has confirmed that once judgment is delivered, Kenyan courts will not allow parties to amend pleadings, join new parties, or reopen cases.
What this practically means
#Executive summary
#Key legal issues
#Whether a petition can be amended after judgment
No - amendment of pleadings is permissible at any stage of proceedings but only before judgment is delivered
Rule 18 of the Mutunga Rules permits amendment at any stage but with leave. Relying on the Court of Appeal in Kenya Commercial Bank Limited v Nicholas Ombija, the court held proceedings remain alive for amendment only until final judgment. Since judgment in this petition had already been rendered, amendment post-judgment was impermissible.
Whether intended interested parties can be joined post-judgment
No - joinder can only occur in pending proceedings; with judgment rendered the suit is finally disposed of
Rule 5 of the Mutunga Rules permits joinder or substitution, and a petition is not defeated by non-joinder. But following JMK v MWM & MFS and Tang Gas Distributors Ltd v Said & Others, the power to add a party lapses once proceedings are finally disposed of and nothing more remains to be done. The dispute between petitioner and respondents had been resolved by the judgment.
Whether incoming advocates could come on record post-judgment
Yes - the petitioner complied with Order 9 Rule 9 by filing the motion and serving the outgoing firm, so leave was granted
Order 9 Rule 9 requires a court order on notice or a consent between outgoing and incoming advocates for post-judgment change of counsel, aimed at preventing circumvention of fees. Having filed the motion and served M/s B.M. Mungata & Co. Advocates, the petitioner met the requirements and leave was granted.
Whether the motion properly invoked review or setting aside
No - the motion was silent on grounds for review under Section 80 CPA and Order 45 Rule 1 CPR, and no Order 12 Rule 7 grounds for setting aside were advanced; the suit was heard on merits
The court noted preliminary defects: the motion was mounted jointly by the petitioner and an intended IP although distinct roles apply, and no grounds for review or setting aside were disclosed. Citing National Bank of Kenya Limited v Ndungu Njau, the court stressed that grounds for review must appear in the notice of motion itself.
Legal principles established
#- Amendment of pleadings may be done at any stage of proceedings but only before final judgment is rendered
- Joinder or addition of parties under the equivalent of Order 1 Rule 10(2) can only take place where proceedings are still pending; once a suit is finally disposed of the rule is inapplicable
- Post-judgment change of advocate requires an order of the court on application with notice to all parties, or a consent between the outgoing and incoming advocates (Order 9 Rule 9)
- A notice of motion for review must disclose in its body the ground or grounds for review
- Substantive reliefs are not available to an interested party; the adjudicative process is owned by the parties to the suit
Court orders
#- 1.Leave is granted to the law firm of Musee Manyolo & Associates Advocates to come on record as advocates of the petitioner
- 2.Costs are awarded to the 1st respondent which shall be borne by the petitioner
- 3.The file is effectively marked as closed
- Jurisdiction invoked
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules (Rule 18 and Rule 5) - the underlying petition is a fundamental rights petition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Machakos Wattlebark Co-operative v Cooperative Bank of Kenya Limited & another; Machakos Cooperative Union & 8 others (Intended Interested Party) (Environment & Land Petition 28 of 2015) [2025] KEELC 794 (KLR)", Case Analysis (2025). Petition dated with notice of motion dated 8/05/2023 (not stated on the ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/794/eng@2025-02-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.