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ELCAllowedNotice of Motion dated 26th March 2015· [2019] KEELC 2238 (KLR)
Stephen Wanyee Roki v Athi Water Services Board [2019] KEELC 2238 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a notice of motion dated 26th March 2015 by the defendant, brought under Order 17 rules 2(1) and (3) and Order 51 rule 1 of the Civil Procedure Rules, 2010, seeking dismissal of the plaintiff's suit for want of prosecution and costs. The application was supported by the affidavit of Daniel Sifuma, advocate for the defendant, and opposed by a replying affidavit of the plaintiff, Stephen Wanyee Roki. The court directed written submissions; the plaintiff filed none. The court framed two issues: whether there had been inordinate delay by the plaintiff, and whether the delay prejudiced the defendant. The record showed the matter was last in court on 3rd September 2013 when Mwongo J delivered a ruling; eighteen months elapsed with no step taken by the plaintiff. The plaintiff attributed the inaction to the National Land Commission's delay in issuing him title to the land parcel, and acknowledged he intended to fix the suit for hearing only once he obtained title. The court held this was not a reasonable explanation and that the plaintiff admitted instituting the suit prematurely, lacking documents supporting his claim to the land. Distinguishing Agip (Kenya) Ltd v Highlands Tyres Limited, where eight months was held not inordinate, the court found the eighteen-month delay inordinate. The application was allowed, the plaintiff's suit was dismissed for want of prosecution, and costs were awarded to the defendant. Judgment was delivered in Nairobi on 18th July 2019 by L. Komingoi J, with no appearance for either party.
Key legal issues
#01
Whether the plaintiff's 18-month inactivity constituted inordinate delay warranting dismissal for want of prosecution
Holding
The 18-month delay without any step by the plaintiff, with no reasonable explanation, justified dismissal under Order 17 rule 2(1)
Reasoning
The court reviewed the record and found the last court appearance was on 3rd September 2013, eighteen months before the application. The plaintiff's explanation - that he was awaiting the National Land Commission to issue him a title - did not excuse the delay and in fact showed the suit was instituted prematurely, as he had no documents supporting his claim to the land. Applying Agip (Kenya) Ltd v Highlands Tyres Ltd, the court found the delay inordinate and prejudicial.
p. 2
Legal principles established
#- Where no step has been taken by either party for one year, the court may dismiss the suit for want of prosecution unless reasonable cause is shown
Court orders
#- 1.The plaintiff's suit is dismissed for want of prosecution
- 2.Costs of the application and the suit to the defendant
- Jurisdiction invoked
- Order 17 rules 2(1) and (3) and Order 51 rule 1 of the Civil Procedure Rules, 2010; Sections 1A and 1B of the Civil Procedure Act, Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Wanyee Roki v Athi Water Services Board [2019] KEELC 2238 (KLR)", Case Analysis (2019). Notice of Motion dated 26th March 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2238/eng@2019-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.