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ELCDismissedNot stated in the judgment· [2025] KEELC 6073 (KLR)

Gaita & another v Wairagu & another (Enviromental and Land Originating Summons 65 of 2014) [2025] KEELC 6073 (KLR)

Environment and Land Court of Kenya
19 September 2025
JOJ. O. Olola
824 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan land court dismissed a man's bid to reverse earlier orders because he had been in court, stayed silent, and waited over a year to complain.

What this practically means

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Executive summary

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By a Notice of Motion dated 8th September, 2023, David J. Wambugu Theuri sought reinstatement of a judgment delivered on 30th June, 2022, reversal of orders made on 11th October, 2022, removal of his name from the application dated 18th July, 2022 (in which he had been named 2nd Applicant), and costs in the cause. He contended that the 1st Respondent, Tito Theuri Gaita, did not consult him before filing the review application. The 1st Respondent opposed, terming the motion an abuse of court process and suggesting the Applicant's remedy lay in the Court of Appeal. Examining the record, the court found that on 11th October, 2022 the Applicant was personally present when the review application was heard, was invited to respond, and expressly declined to oppose it, stating he did not want the case reviewed as it was '90% correct' and that the review applicant was his son. The review was allowed as unopposed. The court held that the Applicant's claim, raised more than a year later, that he had not been consulted was an afterthought without basis, and that there was no basis for reviewing the orders of 11th October, 2022. The motion was dismissed with no order as to costs. Ruling delivered at Mombasa on 19th September, 2025 by J.O. Olola, Judge.

Key legal issues

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01

Whether the orders of 11th October, 2022 should be reviewed and the judgment of 30th June, 2022 reinstated

Holding

The application for review was dismissed as the Applicant was present when the earlier application was heard and did not oppose it; the present application is an afterthought without merit

Reasoning

The record shows the Applicant, named as 2nd Applicant in the 18th July 2022 application, attended court on 11th October 2022 and expressly declined to oppose the review, stating the review Applicant was his son. The court accordingly allowed the review as unopposed. Filing a review of those orders more than a year later on the basis of lack of consultation was untenable.

p. 2

Legal principles established

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  • A party present in court who does not oppose an unopposed application cannot later claim he was not consulted as a basis for review

Court orders

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  1. 1.The Motion dated 8th September 2023 is dismissed with no order as to costs
Jurisdiction invoked
Inherent powers of the court on review; no specific provision cited in the judgment

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, "Gaita & another v Wairagu & another (Enviromental and Land Originating Summons 65 of 2014) [2025] KEELC 6073 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6073/eng@2025-09-19

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