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ELCDismissedPetition filed 22 June 2021 (number not stated in judgment)· [2025] KEELC 7689 (KLR)

Onchari & 14 others v National Land Commission & 3 others (Environment and Land Petition E009 of 2021) [2025] KEELC 7689 (KLR)

Environment and Land Court
4 November 2025
MSMunyao Sila
2,788 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused to revive a land compensation petition dismissed for non-attendance, ruling that litigants must show up once a hearing date is set.

What this practically means

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Executive summary

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The petitioners, members of the Abasigisa and Abamobea clans, petitioned in June 2021 claiming they were never compensated for land donated in 1990 for the establishment of Keroka Technical Training Institute, and sought a permanent injunction and an order of mandamus compelling compensation. The 2nd to 4th respondents denied any promise of compensation, asserting the land was voluntarily donated for a community resource centre, and filed a cross-petition seeking a declaration that the suit properties are public land and surrender of the petitioners' title deeds. After a history of adjournments and non-compliance with directions to file survey and valuation reports, the petitioners' counsel ceased acting in February 2025. The petitioners did not attend a mention on 12 March 2025, and on the hearing date of 4 June 2025 neither they nor their witnesses appeared; the court dismissed both the petition and the cross-petition for non-attendance. The petitioners then applied to reinstate, citing change of counsel, a repudiated witness statement, no reply to the cross-petition, and defectors among the petitioners. The court held no sufficient cause was shown: the reasons were the same as those rejected at dismissal, the deponent gave no reason for the petitioners' personal absence, and the right to be heard imposes a duty on litigants to attend court once a hearing date is fixed. The application was dismissed with costs and the dismissal orders of 4 June 2025 stand.

Key legal issues

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01

Whether dismissal for non-attendance should be set aside

Holding

The application failed because the reasons advanced were the same ones rejected at dismissal and the petitioners offered no explanation for their own absence on the hearing date

Reasoning

The court traced the litigation history showing repeated indulgences to the petitioners to file documents, survey and valuation reports. Their counsel ceased acting in February 2025; they were directly served with a mention notice and did not attend. Even after appointing new counsel on 2 May 2025, they took no preparatory steps in the month before the hearing. Their counsel's request for an adjournment was properly declined.

p. 4
02

Whether the right to be heard was violated

Holding

No violation; the court facilitates the right by granting a hearing date, but the litigant must attend to exercise it

Reasoning

The court held that the right to be heard is not breached where a litigant is given a hearing date but fails to attend. The duty shifts to the litigant to appear and present their case. Deficiencies in witness statements mattered little since the matter was to proceed by viva voce evidence, and the option to attend and clarify existed.

p. 5

Legal principles established

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  • The right to be heard carries a corresponding duty on the litigant to attend court once a hearing date is given
  • A party not ready to prosecute a case should withdraw it rather than leave it pending indefinitely

Court orders

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  1. 1.The application dated 24 June 2025 is dismissed with costs
  2. 2.The orders of 4 June 2025 dismissing the petition and cross-petition stand
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over the dismissed petition and the application to reinstate it

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, "Onchari & 14 others v National Land Commission & 3 others (Environment and Land Petition E009 of 2021) [2025] KEELC 7689 (KLR)", Case Analysis (2025). Petition filed 22 June 2021 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7689/eng@2025-11-04

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