Joseis Wanjiru alias Joseis Wairimu v Kabui Ndegwa Kabui & another [2005] KECA 247 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that judges must give reasons for their decisions — a refusal without explanation can be reversed on that basis alone.
What this practically means
#Executive summary
#Key legal issues
#Whether a single Judge’s refusal to reinstate a dismissed notice of motion, made without giving any reasons, is a correct exercise of judicial discretion and whether the full Court may interfere on that ground alone.
Yes, the full Court may interfere. An unreasoned refusal is not a correct exercise of judicial discretion; the failure to give reasons is itself a sufficient ground for the full Court to interfere, and it did so without evaluating the merits of the reinstatement application.
The single Judge dismissed the reinstatement application by a bare order — “Application for reinstatement refused. Costs to the respondent.” — without stating any reason. The full Court held that a discretionary decision must be supported by reasons; in their absence the reviewing court cannot see the basis of the decision, and the order cannot stand as a correct exercise of judicial discretion. The Court treated the omission of reasons as a self-sufficient ground of interference, so that it was unnecessary to examine whether the reinstatement application was meritorious; it reversed the order and restored the motion for argument on its merit.
Whether a notice of motion dismissed for non-attendance can be revived by an application for reinstatement.
Yes. The Court recorded that an applicant whose motion has been dismissed because nobody attended to urge it is entitled to apply for reinstatement under rule 55(3) of the Court’s rules, and a reinstated motion falls to be heard afresh on its merit.
The applicant’s motion of 13 March 1996 seeking extension of time was dismissed because neither she nor her counsel attended the hearing. The Court noted that she “was entitled” to apply for reinstatement under rule 55(3), and the ultimate order — reinstating the motion “to hearing on its merit” — presupposes that a motion dismissed for non-attendance is not extinguished but may be restored to the cause list. The reinstated motion is to be argued afresh; the Court made no determination on the extension of time itself.
Legal principles established
#- A discretionary order made without any reasons is not a correct exercise of judicial discretion, and the failure to give reasons is in itself a ground on which the full Court may interfere with and reverse that order.
- An order that discloses no reasons for the decision is an incorrect exercise of judicial discretion.
- A party whose notice of motion has been dismissed for non-attendance is entitled to apply for its reinstatement under rule 55(3) of the Court of Appeal Rules.
Court orders
#- 1.The reference is allowed.
- 2.The order of the single Judge dated 26 October 2000 refusing to reinstate the notice of motion of 13 March 1996 is reversed.
- 3.The notice of motion dated 13 March 1996 is reinstated to hearing on its merit.
- 4.The costs of the reference are to be costs in the reinstated motion.
- On appeal from
- Court of Appeal of Kenya (order of a single Judge)
- Civil Application No. NAI 110 of 1996 (NYR. 14/1996)
- Jurisdiction invoked
- Reference to the full Court against an order of a single Judge of the Court of Appeal; the judgment invokes rule 55(3) of the Court’s rules (Court of Appeal Rules) as the basis for the application to reinstate the dismissed notice of motion. No constitutional provision is invoked.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseis Wanjiru alias Joseis Wairimu v Kabui Ndegwa Kabui & another [2005] KECA 247 (KLR)", Case Analysis (2005). Civil Application No. NAI 110 of 1996 (NYR. 14/1996). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2005/247/eng@2005-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.