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ELCOtherEnvironment & Land Case 197 of 2018· [2024] KEELC 1363 (KLR)

Novapeku (PK) Construction and Engineering Company Limited & 2 others v County Government of Kiambu (Environment & Land Case 197 of 2018) [2024] KEELC 1363 (KLR)

Environment and Land Court
7 March 2024
BEB M Eboso
512 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A withdrawal notice left in a physical court file but never uploaded to the e-filing portal was ruled never filed, blocking judgment.

What this practically means

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Executive summary

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This is an order of the Environment and Land Court at Thika (BM Eboso, J) delivered virtually on 7 March 2024 in Environment & Land Case 197 of 2018, in which Novapeku (PK) Construction and Engineering Company Limited, Peter Kuria Njoroge and James Gacheru Kariuki sued the County Government of Kiambu. The court was scheduled to deliver judgment but first dealt with a procedural complication. On 2/11/2023 the court had directed M/s Kanyi Kiruchi & Company Advocates to follow the proper procedure for an advocate withdrawing a claim on behalf of an in-person litigant, failing which, within 30 days, the proceedings held in the absence of the 3rd plaintiff would stand set aside and the amendments purporting to remove him would be expunged. On 7/12/2023 counsel reported that the 3rd plaintiff had filed a notice withdrawing his claim, and judgment was reserved for 7/3/2024. In preparing the judgment, the court found that although a photocopy of the notice of withdrawal dated 3/11/2023 was in the physical case file, it was never uploaded onto the e-filing portal, which had taken effect on 1/7/2023; the notice was therefore never filed. Consequently, the conditional order of 2/11/2023 took effect on 3/12/2023: the ex parte proceedings stood set aside and the amendments removing the 3rd plaintiff stood expunged. The court held it had no basis to render judgment and vacated the order reserving the judgment date. No costs order was made.

Key legal issues

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01

Whether the 3rd plaintiff's notice of withdrawal was filed

Holding

The notice was never filed because it was never uploaded onto the e-filing portal despite transition to e-filing effective 1/7/2023

Reasoning

The court observed that the registry had transitioned to e-filing from 1/7/2023. A photocopy of the notice dated 3/11/2023 lay in the physical file, but while preparing judgment it emerged that it was never uploaded onto the e-filing portal and there was no evidence of a properly uploaded notice. Absent upload, there was no filing.

p. 2
02

Whether the court's 2/11/2023 conditional order took effect

Holding

The conditional order took effect on 3/12/2023 upon non-compliance within 30 days, setting aside the ex parte proceedings and expunging the amendments removing the 3rd plaintiff

Reasoning

The order of 2/11/2023 directed compliance within 30 days failing which the ex parte proceedings would stand set aside and the amendments expunged. Compliance was not achieved, so the court held the order took effect on 3/12/2023, leaving the 3rd plaintiff restored to the suit.

p. 2

Legal principles established

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  • A document placed in the physical case file but never uploaded onto the e-filing portal is not filed

Court orders

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  1. 1.The order reserving a judgment date in this suit is hereby vacated
Jurisdiction invoked
Article 162(2)(b) of the Constitution establishing the Environment and Land Court (suit filed under ELC cause; the judgment itself does not cite the provision expressly)

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, "Novapeku (PK) Construction and Engineering Company Limited & 2 others v County Government of Kiambu (Environment & Land Case 197 of 2018) [2024] KEELC 1363 (KLR)", Case Analysis (2024). Environment & Land Case 197 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1363/eng@2024-03-07

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