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ELCDismissedNot stated in judgment

Kweyu v Chore & another (Environment and Land Case 4 of 2019) [2025] KEELC 5110 (KLR)

Environment and Land Court (inferred from practice context; judgment does not name the court)
30 June 2025
1,742 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Kakamega court refused to let a new law firm take over a case after judgment because the lawyer behind it was not properly registered to practise.

What this practically means

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Executive summary

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The court determined a notice of motion dated 7th October 2024 brought by Kasamani & Associates Advocates under Order 9 rule 9 of the Civil Procedure Rules and Article 152(d) of the Constitution, seeking leave to come on record for the 1st defendant in place of Oscar Wachilonga & Associates Advocates. The plaintiff opposed, alleging that Charles Lutta Kasamani, an advocate struck off the Roll in 2016, was using the firm as a litigation vehicle to practise unlawfully, that the supporting affidavit was defective, and that Vincent Mukoya Kasamani actually practises at Katua Muindi & Co. Advocates. The applicant responded that he holds the instructions and that Charles Lutta Kasamani, restored to tutelage in July 2024, only gathers data and records client statements. Framing a single issue - whether leave should be granted for the change of advocates - the court held that while representation is a constitutional right, the LSK records (of which it took judicial notice under section 60(1)(k) of the Evidence Act) showed no advocate named Kasamani Vincent Lutta, and that Charles Lutta Kasamani remained struck off, having not fulfilled the Tribunal's restoration conditions of 24 months' tutelage and CPD points. The practising certificate presented was found not authentic. The court dismissed the application with costs to the plaintiff.

Questions the Court framed

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

  1. 1.Whether the 1st defendant ought to be granted leave to change his advocates from Oscar Wachilonga to Kasamani & Associates Advocates

Key legal issues

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01

Whether leave should be granted under Order 9 rule 9 for a change of advocate for the 1st defendant after judgment

Holding

Leave was refused because the incoming representation was tainted: the person said to hold instructions, Kasamani Vincent Lutta, is not an advocate on the LSK records and a struck-off advocate had not completed the conditions for restoration to the Roll.

Reasoning

The court accepted that legal representation is a constitutional right and that Order 9 rule 9 requires leave for a post-judgment change of advocate. However, it found from LSK records and the Advocates Disciplinary Tribunal decision that Charles Lutta Kasamani remained struck off, conditions for restoration (tutelage and CPD points) unfulfilled, and that no advocate named Kasamani Vincent Lutta exists. The practising certificate presented was therefore not authentic, and allowing the firm on record would ratify unlawful practice by an unqualified person.

p. 4

Legal principles established

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  • A change of advocate after judgment can only take effect with leave of court under Order 9 rule 9 of the Civil Procedure Rules
  • Courts take judicial notice, by virtue of section 60(1)(k) of the Evidence Act, of the names of advocates and persons authorised to appear before them as recorded by the Law Society of Kenya
  • An advocate struck off the Roll who has not been restored may not practise or represent parties; a purported practising certificate for a non-advocate is not authentic and cannot be relied upon

Court orders

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  1. 1.The notice of motion dated 7th October 2024 is dismissed
  2. 2.Costs of the application to the plaintiff

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Order 9 rule 9 of the Civil Procedure Rules and Article 152(d) of the Constitution (as invoked in the application)

Relief refused

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Leave for Kasamani & Associates Advocates to come on record for the 1st defendant in place of Oscar Wachilonga & Associates Advocates

The person said to have received instructions, Kasamani Vincent Lutta, is not an advocate on the records of the Law Society of Kenya and is thus not authorised to practise law; the presented practising certificate is not authentic

p. 4

Costs

Application dismissed with costs to the plaintiff.

Quotable passages

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

Hence, I find and hold that the application dated 7th October 2024, lacks merit and the same is hereby dismissed with costs to the plaintifi.
p. 4Final orders - dismissal of the application
It is so ordered
p. 4Closing disposition
the practicing certificate for Kasamani Vincent Lutta presented herein by Kasamani & Associates Advocates registered on 17th November 2020, is not authentic, its credibility is questionable and cannot be relied upon
p. 4Authenticity of practising certificate
this court by virtue of section 60 (1) (k) of the Evidence Act, takes judicial notice of all the names of all advocates and other persons authorized by law to appear or act before it
p. 3Judicial notice of LSK records

Issues in the judgment

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minor

The coram heading appears as a first-instance motion, but the application cites Article 152(d) of the Constitution, which concerns removal of Cabinet Secretaries and is inapposite to leave to change advocates

minor

The judgment does not state the case number, the court or the parties' full names, limiting identification

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kweyu v Chore & another (Environment and Land Case 4 of 2019) [2025] KEELC 5110 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5110/eng@2025-06-30

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