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ELCAllowedNot stated in the judgment· [2018] KEELC 4458 (KLR)
Republic v Minister, Ministry of Lands, through the Sub-County Administrator Gatunga Adjudication Section & another [2018] KEELC 4458 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was an application dated 7th February 2018 seeking, on priority basis, the setting aside of a dismissal order made on 6th February 2018 and reinstatement of the main judicial review motion for hearing on merit, with costs. The background was a judicial review application for certiorari challenging a Tribunal decision allocating over 17 acres of the exparte applicant's land to the interested party. The matter had been listed for mention on 6th February 2018 for the respondent and interested parties to file replying affidavits. The exparte applicant's advocate, Mr. L. Kimathi Kiara, deponed that while driving the 60 kilometres from Meru to Chuka his car broke down around Igoji and he had to take a matatu, arriving to find the matter dismissed for want of prosecution. He argued the applicant should not suffer for his advocate's error, that the matter was only listed for mention, and that judicial review proceedings for certiorari could not be filed afresh since the six-month limitation period had expired, meaning the applicant would irreparably lose his land. At the interpartes hearing the advocate repeated the explanation. The court accepted it and reinstated the suit. It directed the exparte applicant to serve the orders within 5 days, the respondents and interested party to respond within 30 days, fixed directions for 5th March 2018, and ordered costs in the cause.
Key legal issues
#01
Whether to set aside the dismissal for want of prosecution
Holding
The court accepted the advocate's explanation of a car breakdown and reinstated the suit
Reasoning
The advocate deponed that his car broke down between Meru and Chuka, forcing him to hike a matatu, arriving late to find the matter dismissed. The court found the explanation credible and noted the suit was listed for mention, not hearing, and that the six-month limitation for judicial review meant the applicant could not file afresh. Discretion exercised in favour of reinstatement.
p. 2
Legal principles established
#- A party should not be shut out of a hearing where a reasonable explanation is given for counsel's absence, particularly where the suit cannot be re-filed due to limitation
Court orders
#- 1.The suit dismissed on 6.2.2018 is reinstated
- 2.The exparte applicant to serve the orders issued by the court today upon the respondents within 5 days of today
- 3.The respondents and the Interested Party are directed to respond to the application within 30 days of today
- 4.Parties to come to court for directions on 5.3.2018
- 5.Costs shall be in the cause
- Jurisdiction invoked
- Judicial review jurisdiction of the High Court (Fair Administrative Action Act / Order 53 Civil Procedure Rules); not expressly cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v Minister, Ministry of Lands, through the Sub-County Administrator Gatunga Adjudication Section & another [2018] KEELC 4458 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4458/eng@2018-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.