Kombe v Land Registrar Kilifi & 3 others (Environment and Land Case 61 of 2020) [2025] KEELC 8377 (KLR)

The court accepted the respondents' criticisms: counsel's affidavit alone, without an affidavit from the colleague asked to hold his brief or from the plaintiff showing continued interest, fell short of the threshold for excusable conduct. The suit was five years old with a history of delay attributable to the plaintiff and his counsel. Had the counter-claim been heard, reinstatement would have been refused. However, because the counter-claim was a separate proceeding still pending and no evidence had been taken, the court extended the benefit of the doubt and reinstated the suit for concurrent hearing with the counter-claim.

The court aligned itself with the respondents on the need for swift resolution and efficient case management, citing Article 159 of the Constitution and the overriding objective provisions. It adopted the principles in Shah v Mbogo, that reinstatement discretion exists to avoid injustice or hardship from inadvertence or excusable mistake but not to assist a party who deliberately obstructs or delays justice, and emphasized that courts, litigants and advocates must ensure cases are concluded expeditiously without undue delay.