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ELCDismissedNakuru ELC No. 108 of 2012 (formerly Nakuru HCC No. 119 of 2006) - Application dated 18th March 2025· [2025] KEELC 5761 (KLR)

Kiarie & another (Administrators of the Estate of Kiarie Ng'ang'a - Deceased) v Aboli & another (Administrators of the Estate of Rev Madar Evans Okanga Dondo - Deceased) (Environment and Land Miscellaneous Application E030 of 2025) [2025] KEELC 5761 (KLR)

Environment and Land Court of Kenya
18 July 2025
AOAntony O. Ombwayo
1,293 words in judgment
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The bottom line

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A Kenyan court refused to reconstruct a 'lost' case file because the applicants skipped the mandatory administrative steps for confirming file loss.

What this practically means

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Executive summary

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The Applicants, John Ng'ang'a Kiarie and Patrick Ng'ang'a Kiarie, applied by notice of motion dated 18th March 2025 for orders that a skeleton file be opened in respect of Nakuru ELC No. 108 of 2012 (formerly Nakuru HCC No. 119 of 2006), that annexed pleadings and rulings be used for the reconstruction, and that the reconstructed file be kept under lock and key. They deponed that the original court file had been missing since 23rd March 2023 and that efforts to trace it had been futile. The Respondents filed grounds of opposition contending the application was premature, violated pages 33 and 34 of the High Court Registry Operation Manual, and was an abuse of process. In submissions the Respondents argued there was no proof the file was missing, no evidence of efforts to trace it such as a letter to the Deputy Registrar, and that a CTS search showed the suit was closed on 23rd March 2023 by court order. Relying on the Murage and Njuguna v Okworo decisions, they urged dismissal with costs. The court held that reconstruction of lost files is a purely internal and administrative affair for the office of the Deputy Registrar under the Registry Operation Manual, which requires tracing steps, a register entry, and, after a fruitless 14-day search, a certificate confirming loss and recommending reconstruction. As the Applicants attached no documentary evidence of the loss or correspondence with the Deputy Registrar, the court found reconstruction on their materials would be too risky and could open a window for fraudsters. The application was dismissed with costs.

Key legal issues

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Whether an applicant may obtain an order for reconstruction of a lost court file without first complying with the High Court Registry Operation Manual procedure

Holding

No. The court cannot order reconstruction absent a certificate from the Deputy Registrar confirming loss of the file and recommending reconstruction, and without documentary proof of efforts to trace the file.

Reasoning

The court held there is no specific law or practice directions on reconstruction of lost files; it is an internal administrative affair for the Deputy Registrar. The Manual prescribes steps including a special search, entry in the register of missing files, and after a fruitless 14-day search a certificate of loss with a recommendation for reconstruction. The applicants produced no documentary evidence of loss or correspondence with the Deputy Registrar, and allowing reconstruction on their bare word would open the door to fraudsters.

p. 3

Legal principles established

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  • Reconstruction of lost court files is a purely internal and administrative matter to be dealt with by the office of the Deputy Registrar under the High Court Registry Operation Manual, and a certificate confirming loss and recommending reconstruction must issue before a reconstruction application is made

Court orders

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  1. 1.The application dated 18th March 2025 seeking reconstruction of the court file is dismissed
  2. 2.Costs of the application to the Respondents
Jurisdiction invoked
Inherent jurisdiction of the court to make orders in the interest of justice to prevent abuse of the court process

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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

Cite this brief

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Cite this brief

Caselaw, "Kiarie & another (Administrators of the Estate of Kiarie Ng'ang'a - Deceased) v Aboli & another (Administrators of the Estate of Rev Madar Evans Okanga Dondo - Deceased) (Environment and Land Miscellaneous Application E030 of 2025) [2025] KEELC 5761 (KLR)", Case Analysis (2025). Nakuru ELC No. 108 of 2012 (formerly Nakuru HCC No. 119 of 2006) - Application dated 18th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5761/eng@2025-08-01

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