Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment· [2025] KEELC 4496 (KLR)

Ngige (Suing as the Personal Representative of David Mahugu Thondu) ((Suing as the Personal Representative of David Mahugu Thondu)) v Kariuki & 4 others (Environment & Land Case 138 & 146 of 2018 (Consolidated)) [2025] KEELC 4496 (KLR)

Environment and Land Court (Kajiado)
12 June 2025
1,625 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

A Kajiado court reinstated a stay application dismissed after counsel missed a virtual hearing, ruling that technical hitches can explain absence even without proof.

What this practically means

#

Executive summary

#
This ruling by the Environment and Land Court at Kajiado (L. Komingoi, Judge) determined a Notice of Motion dated 25th November 2024 seeking reinstatement of the Applicant's earlier Notice of Motion dated 14th August 2024, which had been dismissed on 22nd October 2024 for want of prosecution when counsel failed to attend a virtual directions session due to alleged technical hitches. The dismissed application had sought stay of execution of the Court's judgment delivered on 27th July 2024. The Plaintiff/1st Respondent opposed reinstatement, arguing there was no evidence of the technical difficulties, that the one-month delay in filing the reinstatement application was inordinate, that no substantial loss had been demonstrated since no decree had been extracted, and that a parallel stay application was pending at the Court of Appeal, rendering the matter sub judice and an abuse of process. Framing three issues, the court applied Order 12 Rule 7 and held that the explanation for non-attendance was reasonable notwithstanding the absence of supporting evidence, given that virtual platform hitches are common; that the one-month delay was not inordinate on the Supreme Court's guidance in Muya; and that no prejudice would be suffered by reinstatement. The sub judice question was left for determination once the application was reinstated. The court allowed the application, reinstated the Notice of Motion dated 14th August 2024, and ordered costs to be in the cause.

Key legal issues

#
01

Whether reinstatement of the dismissed Notice of Motion dated 14th August 2024 was merited

Holding

Yes; the application was reinstated

Reasoning

Order 12 Rule 7 empowers the court to set aside a dismissal on just terms. The court found counsel's explanation of technical hitches reasonable despite lack of evidence, held the one-month delay was not inordinate on the Muya test, found no prejudice to the Respondent, and left the sub judice question for later determination.

p. 4
02

Whether the one month delay in filing the reinstatement application was inordinate

Holding

It was a delay but not inordinate, inexcusable or prejudicial

Reasoning

Applying the Supreme Court's guidance in Muya that whether a delay is inordinate is a case-by-case factual question, the court found the one month delay did not cause injustice to the Respondent.

p. 4
03

Whether the pending Court of Appeal application rendered the matter sub judice

Holding

That question could not be determined at the reinstatement stage

Reasoning

The court held that the issue before it was reinstatement only; once reinstated, parties could canvass the sub judice ground at the appropriate forum.

p. 4

Legal principles established

#
  • The decision to reinstate a dismissed suit is discretionary and depends on explanation for non-attendance, delay, prejudice, merit of the cause and interest of justice
  • Technological hitches on virtual court platforms occur frequently and an explanation of absence based on them may be accepted even without supporting evidence

Court orders

#
  1. 1.The order issued on 22nd October 2024 dismissing the Notice of Motion dated 14th August 2024 set aside
  2. 2.The Notice of Motion dated 14th August 2024 reinstated to be heard on its merits
  3. 3.Costs of the application in the cause
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Order 51 Rules 5 and 15 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (1)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Ngige (Suing as the Personal Representative of David Mahugu Thondu) ((Suing as the Personal Representative of David Mahugu Thondu)) v Kariuki & 4 others (Environment & Land Case 138 & 146 of 2018 (Consolidated)) [2025] KEELC 4496 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4496/eng@2025-06-12

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