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ELCAllowedNot stated in the judgment provided· [2025] KEELC 8434 (KLR)

Thindiu v Ministry of Labour & Social Protection & another (Environment and Land Case 106 of 2018) [2025] KEELC 8434 (KLR)

Environment and Land Court
3 December 2025
CNC.K. Nzili
989 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court reinstated a case dismissed after a court-listing time mix-up, confirming honest mistakes can be forgiven.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kitale (C.K. Nzili, J) determines a notice of motion dated 10/8/2025 in which the plaintiff, Wanjiku Mwangi, sought to set aside the court's order of 26/6/2025 dismissing his application dated 18/2/2025 for non-attendance, and to reinstate that application for hearing on merit. The plaintiff explained that the cause list indicated a 9:00 a.m. start but the court commenced at 8:30 a.m., so that by the time counsel logged in the matter had already been dismissed. He argued the non-attendance was not willful, that no prejudice would befall the respondents, and invoked Article 159 of the Constitution and Section 3A of the Civil Procedure Act, relying on authorities including Wachira Karani, CMC Holdings Ltd v James Mumo Nzioki, Richard Nchapi Leiyagu v IEBC, Belinda Murai v Amos Wainaina and Abdirahman Abdi v Safi Petroleum Products. The court held that a plausible explanation for non-attendance had been offered, constituting sufficient cause notwithstanding the absence of evidence on when counsel logged in. Applying the principle that the discretion to set aside ex parte orders exists to avert injustice arising from excusable mistake, and that courts should favour hearings on the merits, the judge found the application meritorious. The order of 26/6/2025 was set aside with no order as to costs, and the reinstated application dated 18/2/2025 was directed to be canvassed by written submissions.

Key legal issues

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01

Whether non-attendance attributed to a discrepancy in the cause list constitutes sufficient cause

Holding

A plausible explanation amounting to sufficient cause was established; the dismissal order was set aside

Reasoning

The applicant blamed non-attendance on the court commencing the hearing at 8:30 a.m. when the cause list indicated 9:00 a.m. Although no evidence of when counsel logged in was provided, the court found the discrepancy in timings a plausible explanation. Applying Article 159 and the inherent jurisdiction to do substantive justice, and weighing prejudice, the court held the application meritorious and reinstated the application for hearing on merits.

p. 2

Legal principles established

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  • Discretion to set aside ex parte orders exists to prevent injustice from excusable mistake or error
  • Sufficient cause means a party has not acted negligently or in want of bona fides

Court orders

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  1. 1.The order issued on 26/6/2025 dismissing the application dated 18/2/2025 is set aside, with no order as to costs
  2. 2.The application dated 18/2/2025 is to be canvassed by way of written submissions
Jurisdiction invoked
Inherent jurisdiction under Section 3A of the Civil Procedure Act and Article 159 of the Constitution

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, "Thindiu v Ministry of Labour & Social Protection & another (Environment and Land Case 106 of 2018) [2025] KEELC 8434 (KLR)", Case Analysis (2025). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8434/eng@2025-12-03

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