Maisiba v Municipal Council of Ogembo & 2 others (Environment & Land Case E009 of 2023) [2025] KEELC 4410 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Reinstatement of suit dismissed for non-attendance
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.
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.
Change of counsel
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.
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.
Legal principles established
#- 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
#- 1.The applicant's suit dismissed on 24 February 2025 is reinstated
- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.