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ELCOtherNot stated in judgment· [2023] KEELC 882 (KLR)
Ruenji v Omwenga & another; Jangara (Interested Party) (Environment & Land Case 609 of 2014) [2023] KEELC 882 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's High Court refused to postpone an 8-year-old case, ruling parties who request hearing dates must be ready on the day.
What this practically means
#Executive summary
#This is a short interlocutory ruling by Lucy N. Mbugua, Judge, delivered at Nairobi on 14 February 2023, addressing counsel's lack of readiness on the date fixed for hearing. The court reviewed the litigation history: advocate Gekonge came on record for all defendants on 23 July 2019 via a notice of change of advocates, replacing Chumo Mburu advocates who had filed a notice of appointment on 25 February 2016. Gekonge appeared on 25 July 2019 stating he was not ready, and the matter was adjourned. He later filed an application dated 25 January 2022 seeking leave to cease acting, which was allowed on 21 June 2022 - the same day the present hearing date was fixed. The court posed the question of when counsel for the 2nd and 3rd defendants received fresh instructions, observing that the hearing date having been taken on 21 June 2022, the defendants ought to have given instructions in good time to be ready for the hearing. Concluding from the litigation history that the defendants had not taken the proceedings with the seriousness the 8-year-old suit deserved, the court declined any adjournment and directed that the case proceed at 2 pm that day in open court. The ruling was delivered virtually via Microsoft Teams, with Gekonge appearing for the 2nd and 3rd defendants, Njiraini for the plaintiff, and the 1st defendant present. No costs order was made.
Key legal issues
#01
Readiness for hearing and entitlement to adjournment
Holding
The adjournment request was declined; the court directed the hearing to proceed the same day
Reasoning
Counsel for the defendants had been on record since 2019, previously ceased acting with leave in June 2022, and the hearing date had been taken on 21 June 2022. The defendants therefore had ample time to give instructions. The suit was already 8 years old and the court found the defendants had not treated the proceedings seriously, justifying refusal of an adjournment.
p. 2
Legal principles established
#- A party whose hearing date was fixed in advance is expected to secure instructions and be ready to proceed, and delay in litigation weighs against adjournment
Court orders
#- 1.The case shall proceed at 2 pm today in open court
- Jurisdiction invoked
- Not stated in judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ruenji v Omwenga & another; Jangara (Interested Party) (Environment & Land Case 609 of 2014) [2023] KEELC 882 (KLR)", Case Analysis (2023). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/882/eng@2023-02-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.