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ELCOtherNot stated in the judgment (Originating Summons filed 15/01/2024)· [2025] KEELC 5103 (KLR)

Orero & 5 others v Ombewa (Enviromental and Land Originating Summons 02 of 2024) [2025] KEELC 5103 (KLR)

Environment and Land Court
12 June 2025
FNFRED NYAGAKA
535 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 saved a land suit from dismissal because the plaintiffs proved they had been actively prosecuting it, not just sleeping on it.

What this practically means

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Executive summary

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This is a ruling on a Notice to Show Cause why the suit, instituted by Originating Summons on 15/01/2024, should not be dismissed for want of prosecution, issued after the Defendants obtained status quo orders by a ruling of 18/07/2024. The 1st Plaintiff filed an affidavit showing cause, arguing that Order 17 Rule 2(1) of the Civil Procedure Rules was not properly triggered, that the matter had been actively prosecuted with directions on the Defendants' Preliminary Objection given on 12/11/2024, and that counsel's non-attendance at the mention of 30/01/2025 was due to inadvertent failure to diarize the date. The court set out the text of Order 17 Rule 2(1), traced the procedural history showing continuing activity, and accepted the Plaintiff's explanation. Holding that the Plaintiffs had shown sufficient cause and the suit was not ripe for dismissal, the court declined to dismiss it. The Plaintiff was directed to expedite the hearing following the Defendants' withdrawal of the Preliminary Objection; the parties were to file and exchange trial bundles within 30 days, failing which the matter would be mentioned on 18th July 2025 for dismissal for want of compliance. Mention was fixed for 18th July 2025. No costs order was made.

Key legal issues

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01

Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules

Holding

The Plaintiffs showed sufficient cause; the suit was not ripe for dismissal as it had been actively prosecuted, with directions issued on the Preliminary Objection on 12/11/2024.

Reasoning

The court traced the suit's activity: a status quo ruling of 18/07/2024, directions on the Preliminary Objection on 12/11/2024 and further directions on 30/01/2025. The Plaintiff explained counsel's non-attendance on 30/01/2025 as inadvertent failure to diarize. Given this activity and explanation, dismissal was premature; instead the court issued timelines to expedite the hearing.

p. 2

Legal principles established

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  • Where a plaintiff demonstrates sufficient cause for inactivity, the court may decline to dismiss a suit under Order 17 Rule 2(1); dismissal for want of prosecution is discretionary.

Court orders

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  1. 1.Notice to Show Cause discharged - suit not dismissed for want of prosecution
  2. 2.Plaintiff directed to expedite the hearing of the suit following withdrawal of the Preliminary Objection
  3. 3.Parties directed to file and exchange their trial bundles within the next 30 days
  4. 4.In default of filing and exchanging trial bundles, matter to be mentioned on 18th July 2025 for dismissal for want of compliance
  5. 5.Mention on 18th July 2025
Jurisdiction invoked
Order 17 Rule 2(1) of the Civil Procedure Rules

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, "Orero & 5 others v Ombewa (Enviromental and Land Originating Summons 02 of 2024) [2025] KEELC 5103 (KLR)", Case Analysis (2025). Not stated in the judgment (Originating Summons filed 15/01/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5103/eng@2025-06-12

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