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ELCPartially AllowedApplication dated 14th March 2024 (suit dismissed 13th March 2024)· [2024] KEELC 3933 (KLR)

Rift Valley Enterprises Limited v Kode & another (Environment and Land Miscellaneous Application 06 of 2024) [2024] KEELC 3933 (KLR)

Environment and Land Court of Kenya
15 May 2024
506 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court reinstated a suit dismissed after a lawyer was locked out of a virtual hearing due to a changed link.

What this practically means

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Executive summary

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Rift Valley Enterprises Ltd filed an application dated 14th March 2024 seeking to set aside and vacate ex-parte orders issued on 13th March 2024 by Hon. Justice A.O. Ombwayo dismissing its suit for want of prosecution. The applicant explained that on 13th March 2024 its counsel logged into an e-filing link unaware that the court had changed it; despite waiting until 9:45 am, the advocate was not admitted to the virtual proceedings, and on physically attending court discovered the matter had already been dismissed for non-attendance. The applicant argued the non-attendance was solely attributable to the unforeseen change of link, pointed to its diligent pursuit of the matter (including a replying affidavit filed 11th March 2024 in response to a preliminary objection), invoked the constitutional guarantee of fair administration of justice and the principle that a party should not be condemned unheard, and noted the application was brought promptly, one day after the dismissal. The court considered the application and found the explanation sufficient to warrant reinstatement. Ruling delivered virtually at Nakuru on 15th May 2024: the dismissal orders of 13th March 2024 were set aside and vacated, the suit was reinstated for hearing, and there were no orders as to costs.

Key legal issues

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01

Whether the explanation for non-attendance warranted setting aside the dismissal

Holding

Yes - the explanation regarding the changed e-filing link was sufficient to warrant reinstatement

Reasoning

The applicant's counsel was logged into the original e-filing link and unaware the court had changed it; the advocate waited until 9:45 am before physically attending, by which time the matter had been dismissed for non-attendance. The court found this explanation sufficient and noted the application was filed promptly, one day after the dismissal order.

p. 2
02

Whether the applicant should not be condemned unheard

Holding

It is trite law that a party should not be condemned unheard; reinstatement served the interest of justice

Reasoning

The applicant invoked the constitutional guarantee of fair administration of justice and the principle that a party should not be condemned unheard, arguing the dismissal was ex-parte due to a technical change in the virtual hearing link. The court accepted this as consistent with its higher duty to do justice.

p. 2

Legal principles established

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  • A court has a higher duty to do justice and be fair, justifying setting aside ex-parte dismissal orders where a sufficient explanation for non-attendance is given.

Court orders

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  1. 1.The ex-parte orders of dismissal issued on 13th March 2024 are set aside and vacated
  2. 2.The applicant's suit is reinstated for hearing
  3. 3.No orders as to costs
Jurisdiction invoked
Inherent power to set aside ex-parte orders and reinstate a suit dismissed for want of prosecution; fair hearing guarantee under the Constitution of Kenya, 2010

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, "Rift Valley Enterprises Limited v Kode & another (Environment and Land Miscellaneous Application 06 of 2024) [2024] KEELC 3933 (KLR)", Case Analysis (2024). Application dated 14th March 2024 (suit dismissed 13th March 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3933/eng@2024-05-15

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