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ELCDismissedNot stated in the judgment text provided· [2025] KEELC 7397 (KLR)

Kishushe Ranching Co-operative Society Limited Ngolia “B” Kishushe Mining Group (Suing through their registered officials Oliver Mwadime (Chairman), Milton Mghenyi (Secretary) and Dalton Mshambala (Treasurer)) v Mwaruwa & 10 others (Environment and Land Case E001 of 2023) (Environment and Land) [2025] KEELC 7397 (KLR)

Environment and Land Court
30 October 2025
EWE. K. Wabwoto
2,127 words in judgment
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The bottom line

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A Kenyan land court refused to revive a dismissed suit because the plaintiffs' explanation for the delay was dishonest, proving candour matters as much as delay itself.

What this practically means

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Executive summary

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The Plaintiffs applied by notice of motion dated 22nd July 2025 seeking to set aside an order of 4th June 2025 dismissing their suit for want of prosecution and non-attendance, and to have the suit reinstated on such conditions as the court might impose. They explained that their previous counsel ceased acting on 4th March 2025 and that, as a Cooperative Society required to follow its bylaws in appointing an advocate, they took approximately 48 days to convene and instruct new counsel. The 1st to 8th Defendants opposed, pointing to the Plaintiffs' non-attendance on six prior hearing dates, their previous counsel's complaint of non-cooperation, and arguing in any event that under Section 76(1) of the Cooperative Societies Act the dispute belonged before the Cooperative Tribunal. The sole issue was whether sufficient cause had been demonstrated. Reviewing the record, E. K. Wabwoto J found the Plaintiffs had not been diligent, that no reasons were given for missing the numerous dates, and that the explanation of 48 days to appoint counsel was neither plausible nor satisfactory. Applying the Court of Appeal's formulation of sufficient cause in Attorney General v Law Society of Kenya and Njoroge v Kimani, the court held that candour is a prerequisite to equitable discretion and that the Applicants' depositions were misleading and perjurious. Sufficient cause was neither established nor demonstrated. The application dated 22nd July 2025 was dismissed with each party bearing its own costs, leaving the dismissal of the suit intact. Delivered virtually at Voi on 30th October 2025.

Key legal issues

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01

Whether sufficient cause was shown for reinstatement of a suit dismissed for want of prosecution

Holding

No sufficient cause was shown; the Applicants' explanation was misleading and the delay in appointing new counsel was inordinate

Reasoning

The court reviewed the record and found the Plaintiffs had failed to attend on multiple hearing dates, indicating lack of diligence. Their explanation - that 48 days were needed to convene and instruct new counsel following the previous advocate ceasing to act - was found implausible. Relying on the Court of Appeal authorities on sufficient cause, the court held candour and a full explanation are prerequisites to the equitable discretion, and the Applicants failed both.

p. 4

Legal principles established

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  • Sufficient cause must be truthful and candid; it is defeated by dishonesty and lack of candour
  • A litigant bears the duty to diligently prosecute his or her case and cannot shift it wholly to an advocate

Court orders

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  1. 1.The application dated 22nd July 2025 be and is hereby dismissed
  2. 2.Each party to bear own costs of the said application

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 17 Rule 2
  • Cooperative Societies ActSection 76(1)

Cases cited (9)

  • Japheth Olumbe v Henry Obanyi
    (2025) eKLR
  • Nzoia Sugar Company Ltd v West Kenya Sugar Limited
    (2020) KLR
  • Kurji & 4 Others v Kurji & 3 Others
    (2024) 882 (KLR)
  • Shah v Mbogo
    (1967) EA 116
  • Habo Agencies Ltd v Wilfred Odhiambo
    Nairobi C.A (Application) No. 124 of 2024
  • Patriotic Guards Ltd v James Kipchirchir Sambu
    (2018) eKLR
  • Wachira Karani v Bildan Wachira
    Nyeri HCCC No. 101 of 2011
  • The Hon. Attorney General v The Law Society of Kenya & Another
    Civil Appeal (Application) No. 133 of 2011
  • Njoroge v Kimani
    (Civil Application Nai E049 of 2022) [2022] KECA 1188 (KLR) (28 October 2022) (Ruling)
Jurisdiction invoked
Original jurisdiction under the Civil Procedure Act and Order 17 Rule 2 of the Civil Procedure Rules, 2010 (application to set aside dismissal of suit for want of prosecution)

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, "Kishushe Ranching Co-operative Society Limited Ngolia “B” Kishushe Mining Group (Suing through their registered officials Oliver Mwadime (Chairman), Milton Mghenyi (Secretary) and Dalton Mshambala (Treasurer)) v Mwaruwa & 10 others (Environment and Land Case E001 of 2023)  (Environment and Land) [2025] KEELC 7397 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7397/eng@2025-10-30

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