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ELCPartially AllowedNot stated in the judgment

Kiminza & 11 others v Amboseli Court Ltd (Environment and Land Case 643 of 2016) [2026] KEELC 4072 (KLR)

Not stated in the judgment (High Court/Nairobi station implied; judgment is unsigned by court name in header)
2 July 2026
984 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi court allowed clients to switch lawyers after winning judgment, ruling the old lawyer's unpaid fees are protected through the bill of costs taxation process.

What this practically means

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Executive summary

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This is a ruling on the Plaintiffs' Notice of Motion dated 21st October 2025 seeking leave for the firm of Kalwa & Co. Advocates to come on record in place of M/s Koki Mbulu & Co. Advocates after judgment had been delivered in the Plaintiffs' favour on 21st February 2022. The Plaintiffs argued that their relationship with the outgoing advocate had broken down and that they were entitled to change advocates at any stage of the proceedings. Evelyn Koki Mbulu, the outgoing advocate, opposed the application, contending that the Plaintiffs had not consulted her for consent, that fees of Kshs.883,906.50 remained outstanding out of a total decretal sum of Kshs.26,586,928.46, that she had already collected Kshs.2,400,000 for the Plaintiffs, and that she was entitled to a lien pending taxation of her Advocate/Client Bill of Costs. She also argued the application was incompetent for failure to expressly cite Order 9 Rule 9 of the Civil Procedure Rules. The court identified a single issue: whether the incoming firm should come on record after judgment. It reproduced Order 9 Rule 9, noted the Bill of Costs had been filed, and, relying on S.K. Tarwadi v Veronica Muehlemann on the rule's protective purpose, held the outgoing advocates would suffer no prejudice since they could await taxation and execute the decree. The application was allowed with costs in the cause.

Questions the Court framed

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

  1. 1.Whether the firm of messrs Kalwa & Co. Advocates should come on record for the Plaintiffs after judgement

Key legal issues

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01

Whether the firm of Kalwa & Co. Advocates should be granted leave to come on record for the Plaintiffs after judgment

Holding

The application was allowed; the incoming firm was granted leave to come on record despite the judgment having been delivered on 21st February 2022

Reasoning

The court applied Order 9 of the Civil Procedure Rules, which governs change of advocates after judgment. It noted the outgoing advocate had already filed an Advocate/Client Bill of Costs, protecting her fee claim through taxation and possible execution of the decree. Following S.K. Tarwadi v Veronica Muehlemann on the protective purpose of Order 9 rule 9, the court held the outgoing advocates would suffer no prejudice if leave were granted, and allowed the application with costs in the cause.

p. 3
02

Whether the application was incompetent for failure to expressly cite Order 9 Rule 9 of the Civil Procedure Rules

Holding

The objection did not defeat the application; the court relied on Order 9 of the Civil Procedure Rules in allowing it

Reasoning

The outgoing advocate argued the application was incompetent because it failed to expressly cite Order 9 Rule 9. The court considered that rule verbatim but did not strike out the application for the pleading defect. Instead it substantively determined whether leave should issue, noting the rule's protective purpose for advocates whose clients seek to change representation after judgment, and found the outgoing advocate's interests safeguarded through the already-filed Bill of Costs.

03

Whether outstanding legal fees should be settled before the incoming advocate comes on record

Holding

No; the outgoing advocate should await taxation of her Bill of Costs and may execute the decree emanating therefrom

Reasoning

The outgoing advocate claimed Kshs.883,906.50 in unpaid fees and asserted a lien, arguing fees should be resolved first. The court held that since she had already filed an Advocate/Client Bill of Costs, she should await the outcome of taxation and proceed to execute the decree emanating therefrom. On that basis she would suffer no prejudice from the change of representation, and the Plaintiffs' right to change advocates could be exercised.

Legal principles established

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  • A change of advocate after judgment cannot be effected without an order of the court made upon application with notice to all parties, or upon a consent filed between the outgoing advocate and the incoming advocate or party intending to act in person
  • An outgoing advocate's right to fees is protected by the taxation process; filing an Advocate/Client Bill of Costs means the outgoing advocate suffers no prejudice where leave to come on record is granted

Court orders

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  1. 1.Leave granted to the firm of Kalwa & Co. Advocates to come on record for the Plaintiffs in place of M/s Koki Mbulu & Co. Advocates
  2. 2.Costs in the cause

The bench

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

Wrote the judgment

Jurisdiction invoked
Order 9 Rule 9 of the Civil Procedure Rules (change of advocate after judgment requires an order of the court)

Relief refused

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Priority resolution and payment of the outgoing advocate's outstanding legal fees (Kshs.883,906.50) before the incoming firm comes on record

The court found no prejudice since the outgoing advocate had already filed an Advocate/Client Bill of Costs and can await taxation and execute the decree emanating therefrom

p. 3

Costs

Costs will be in the cause.

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.

In the circumstances, I find the Plaintiffs' instant Notice of Motion application successful and I will allow it.
p. 3Disposition - application allowed
I find that the erstwhile Counsels will suffer no prejudice if I allow the firm of messrs Kalwa & Co. Advocates to come on record for the Plaintiffs and will proceed to do so.
p. 3No prejudice to outgoing advocate; leave granted
Since the firm of messrs Koki Mbulu & Co. Advocates have already filed their Advocate Client Bill of Costs, I opine that they should await outcome of the taxation and proceed to execute the Decree emanating therefrom.
p. 3Outgoing advocate's remedy for fees is taxation and execution
…In my view, the essence of the order 9 rule 9 of the CPR was to protect advocates from the mischievous clients who will wait until a judgment is delivered and then sack the advocate and either replace him….
p. 3Purpose of Order 9 Rule 9 (as cited from S.K. Tarwadi v Veronica Muehlmann)
Costs will be in the cause.
p. 3Costs order

Issues in the judgment

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material

The court in which the judgment was delivered and the case number are not stated anywhere in the judgment text

minor

The date of delivery of the judgment (2nd July 2026) is inconsistent with the application dated 21st October 2025 and reference to a judgment delivered 21st February 2022; the year 2026 may be a typographical error for an earlier year

material

The judgment refers only to 'the Plaintiffs' and 'the 1st Plaintiff' but the names of the parties are nowhere stated in the text

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, "Kiminza & 11 others v Amboseli Court Ltd (Environment and Land Case 643 of 2016) [2026] KEELC 4072 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4072/eng@2026-07-02

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