Ethics and Anti-Corruption Commission v Mengech & 4 others (Environment and Land Case 265 of 2018) [2025] KEELC 5470 (KLR)
The bottom line
#A Kenyan court refused a defendant's bid to file a defence eight years late, ruling that parties—not their lawyers—must keep their cases moving.
What this practically means
#Executive summary
#Key legal issues
#Whether the preliminary objection under Section 3(3) of the Law of Contract Act meets the Mukisa Biscuit threshold
Dismissed; it requires factual determination at trial
The objection alleged absence of a written contract as required by Section 3(3) of the Law of Contract Act. The court held that ascertaining whether a contract existed with Jim Choge requires examining evidence through trial of the main suit, so the objection is not a pure point of law under the Mukisa Biscuit test.
Whether the 1st Defendant should be granted leave to file a defence out of time
Application dismissed; delay of 8 years unexplained and deliberate
The defendant was served in 2018, entered appearance and filed grounds of opposition but never filed a defence. The court found the blame on previous advocates unconvincing, noting the party must diligently follow up its case. The delay was deliberate, possibly because he sold his interest in the suit land, and was not sufficiently explained.
Legal principles established
#- A preliminary objection must be a pure point of law; where determination requires examination of evidence, it fails
- Cases belong to parties, not advocates; a party must follow up its matter and file documents within stipulated timelines
Court orders
#- 1.The 1st Defendant's Notice of Motion Application dated 15th April, 2025 is hereby dismissed with costs.
- 2.The 1st Defendant's Preliminary Objection dated 30th April, 2025 is hereby dismissed with costs.
- Jurisdiction invoked
- Not stated in judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Mengech & 4 others (Environment and Land Case 265 of 2018) [2025] KEELC 5470 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5470/eng@2025-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.