Omusundi v Ethics and Anti-Corruption Commission & 2 others (Environment and Land Petition E002 of 2023) [2025] KEELC 6670 (KLR)
The bottom line
#A Kenyan land court refused to reinstate an application dismissed for non-attendance, ruling that discovering the dismissal months later while scrolling the cause list is not a valid excuse.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant gave sufficient and plausible reasons for the dismissals of 11th November 2024 and 27th January 2025
The applicant failed to explain satisfactorily her advocate's non-attendance and her three-month delay in moving the court after the order of 27th January 2025; stumbling upon the matter in the cause list is not a sufficient reason
The court exercised its discretion to reinstate dismissals for non-attendance sparingly. The party seeking the court's favour must adduce sufficient and plausible reasons. Here counsel was in court when the date was taken, the applicant was enjoying status quo orders yet was reluctant to proceed, and the delay from 27th January 2025 to 9th May 2025 was unexplained, so no basis for reinstatement existed.
Scope of the court's discretion to reinstate or set aside its own orders
The discretion is unfettered but must be exercised judiciously to avoid injustice and not to reward deliberate obstruction or delay
Relying on Shah v Mbogo, the court held the discretion exists to relieve against inadvertence or excusable mistake, not to assist a party who deliberately evades or delays the course of justice. The applicant, having approached the court under certificate of urgency, ought to have been keen to prosecute her application.
Legal principles established
#- The discretion to reinstate an application dismissed for non-attendance is intended to avoid injustice from inadvertence or excusable mistake, not to assist deliberate evasion or delay
- It is the primary duty of the party who set a case in motion to take steps to progress it
- Although summary dismissal is draconian, courts should not shy away from it where the occasion calls for it
Court orders
#- 1.The application dated 9th May 2025 is dismissed with costs
- Jurisdiction invoked
- Inherent power of the court to review, set aside or vary its own orders; not expressly stated in the judgment text
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omusundi v Ethics and Anti-Corruption Commission & 2 others (Environment and Land Petition E002 of 2023) [2025] KEELC 6670 (KLR)", Case Analysis (2025). Not stated in the judgment text. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6670/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.