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ELCDismissedNot stated on the face of the ruling (suit land West Pokot/Kishaunet/695; judgment of 15/10/2025)· [2026] KEELC 2225 (KLR)

Longurokol v Lokudo (Environment and Land Case 118 of 2017) [2026] KEELC 2225 (KLR)

Environment and Land Court
22 April 2026
1,286 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan land court refused to reopen a concluded case because the applicant neither properly changed advocates nor met the strict legal grounds for a review.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kitale (C. K. Nzili, J) disposed of an application in which the applicant sought leave for the firm of Kerubo Ondicho & Company Advocates to come on record post judgment, review of the court's judgment of 15/10/2025, maintenance of the status quo, and costs. The application was anchored on sections 1A, 1B, 3A, 80 and 99 of the Civil Procedure Act and Orders 45 and 51 and Order 9 rule 9 of the Civil Procedure Rules. The applicant alleged that the respondent was misinterpreting the judgment and colluding with the area chief to evict him from West Pokot/Kishaunet/695 without eviction orders, asserting that the court had neither determined ownership and trespass nor conferred ownership on the respondent. The respondent opposed, contending that he was not served, that the court was functus officio, that the suit had been determined on merits after over nine years, and that the application was an abuse of process intended to delay implementation of a Minister's Appeal decision. The court held that under Order 9 rule 9 the erstwhile advocates had not been shown to have been served or notified, so leave to come on record could not issue. On review, the court relied on the functus officio doctrine and the restricted grounds in Order 45 rule 1(b), finding the applicant had fallen short of the threshold. It observed that its judgment had found the applicant's suit lacking in merit, that there was no counterclaim, and that any claim of unlawful eviction was a fresh cause of action that could not be litigated within a concluded matter. The application was dismissed with costs and the file closed.

Key legal issues

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01

Leave to come on record post-judgment under Order 9 rule 9

Holding

Leave was not granted because the erstwhile advocates were not shown to have been served or duly notified

Reasoning

Order 9 rule 9 protects advocates from mischievous clients who sack them after judgment. The court found no return of service confirming that the incoming firm served the outgoing firm, and noted the erstwhile advocates had not been duly notified. Without proof of such service, the court could not grant the leave sought.

p. 2
02

Whether the court should review its judgment

Holding

The application for review was refused for failure to meet the Order 45 threshold and because the court was functus officio

Reasoning

The court restated the functus officio principle and the limited grounds for review under section 80 of the Civil Procedure Act and Order 45 rule 1(b). The applicant invited the court to revisit a suit it had already determined on merits, which was impermissible. Any grievance about an unlawful eviction could not be entertained within a concluded matter.

p. 3
03

Status quo and restraint orders

Holding

Refused as ancillary to the failed review application

Reasoning

The status quo and restraining orders depended on the success of the review, which failed. The court noted that its judgment had found the applicant's suit lacking in merit and that no positive order had been issued in favour of the respondent other than on costs, so any eviction by the respondent would be a fresh cause of action, not a matter for reopening the concluded suit.

p. 3

Legal principles established

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  • A court becomes functus officio upon delivery of a final judgment and cannot reopen a matter it has determined on the merits, save for the recognised exceptions
  • Leave is required for a change of advocate, or for a party to act in person, after judgment has been passed
  • Review is restricted to the grounds of discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason, and must be made without unreasonable delay

Court orders

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  1. 1.The applicant's application is dismissed with costs
  2. 2.File closed
Jurisdiction invoked
Sections 1A, 1B, 3A, 80 of the Civil Procedure Act and Orders 45, 51 and Order 9 rule 9 of the Civil Procedure Rules

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, "Longurokol v Lokudo (Environment and Land Case 118 of 2017) [2026] KEELC 2225 (KLR)", Case Analysis (2026). Not stated on the face of the ruling (suit land West Pokot/Kishaunet/695; judgment of 15/10/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2225/eng@2026-04-22

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