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ELCAllowedNot stated in judgment· [2025] KEELC 4410 (KLR)

Maisiba v Municipal Council of Ogembo & 2 others (Environment & Land Case E009 of 2023) [2025] KEELC 4410 (KLR)

Environment and Land Court
11 June 2025
534 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner whose suit was dismissed because her lawyer missed court got it reinstated, showing courts will forgive clients let down by counsel.

What this practically means

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Executive summary

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This was an unopposed application dated 25 February 2025 by the plaintiff seeking reinstatement of her suit, which had been dismissed on 24 February 2025 for non-attendance, and leave to change counsel. The underlying suit, filed on 21 June 2023, concerned land parcel Majoge/Boochi/3638, of which the plaintiff is the registered proprietor. She sought to permanently restrain the respondents, including the Municipal Council of Ogembo, from demolishing her commercial building on the allegation that it stood on a road. An interlocutory injunction had been granted on 26 July 2023. Thereafter counsel for the plaintiff repeatedly failed to attend mentions; on the hearing date of 24 February 2025 counsel sought an adjournment to reply to a counterclaim filed on 7 May 2024, the adjournment was declined, and both the suit and the counterclaim were dismissed for non-attendance. The applicant explained that she had not been appraised of the hearing date by her erstwhile advocates. Justice Munyao Sila observed that given the many past non-appearances by counsel, it was very probable the applicant had been let down, and that she had a good case deserving a chance to be heard. The court reinstated the suit, allowed the change of counsel to M/s Nyagaka S.M & Company Advocates, and made no order as to costs. Judgment was delivered at Kisii on 11 June 2025.

Key legal issues

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01

Reinstatement of suit dismissed for non-attendance

Holding

The application for reinstatement was allowed on the ground that the applicant was probably let down by her erstwhile counsel, who repeatedly failed to attend mentions and did not inform her of the hearing date.

Reasoning

The court noted that on many occasions when the matter came up for mention, counsel for the applicant did not appear. The explanation that the applicant was not appraised of the hearing date was therefore credible, and it was probable she was let down by counsel. The applicant also asserted she had a good case deserving an opportunity to be heard. No opposition was filed to the motion. The court was thus persuaded to reinstate the suit and allow the change of advocates.

p. 2
02

Change of counsel

Holding

The applicant's prayer to change counsel from M/s Nyagaka, Mosota, Isaboke, Kerosi Ondieki & Associates Advocates to M/s Nyagaka S.M & Company Advocates was allowed.

Reasoning

The application sought reinstatement of the dismissed suit and leave to change advocates. Given the finding that the erstwhile counsel had failed to attend mentions and had not apprised the applicant of the hearing date, the court allowed the change of counsel together with the reinstatement. The judgment does not disclose any objection to this prayer, unopposed as the motion was.

p. 2

Legal principles established

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  • A party who was not appraised of a hearing date by counsel and may have been let down by counsel may be granted reinstatement of a suit dismissed for non-attendance.

Court orders

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  1. 1.The applicant's suit dismissed on 24 February 2025 is reinstated
  2. 2.The applicant's prayer to change counsel from M/s Nyagaka, Mosota, Isaboke, Kerosi Ondieki & Associates Advocates to M/s Nyagaka S.M & Company Advocates is allowed
  3. 3.No order as to costs
Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to reinstate a suit dismissed for non-attendance

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, "Maisiba v Municipal Council of Ogembo & 2 others (Environment & Land Case E009 of 2023) [2025] KEELC 4410 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4410/eng@2025-06-11

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