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ELCPartially AllowedNot stated in the ruling

Ramadhani & another v Odero & 5 others (Environment and Land Appeal E089 of 2024) [2026] KEELC 81 (KLR)

Environment and Land Court
20 January 2026
803 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The court reinstated a dismissed land appeal, but refused to stop execution because the disputed land had already been transferred back to the respondent's side.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kisumu (E. Asati J) on the appellant's Notice of Motion dated 28th October 2025 in an appeal from a judgment and decree issued on 16th October 2024 by Hon. D.O Onyango (CM). The appeal had been dismissed on 29th September 2025 following non-attendance by the appellant's then advocates, Ogendo Mwidau Advocates, at a mention for directions. The applicant sought leave for Conrad Law Advocates LP to come on record, setting aside of the dismissal order, reinstatement of the appeal, and stay of execution. The change of advocates was unopposed. The respondent opposed, contending the application was frivolous and an abuse of process, that the applicant's counsel had notice, and that the applicant was duty-bound to follow up on the matter. The respondent further showed, by an official search, that the decree had been executed: the suit land, Kisumu/Wathorego/1219, had been reverted to the name of the deceased, Henry Odero Ochila. The court, considering the applicant's desire to be heard, the explanation for non-attendance, and the timeous filing, found it in the interest of justice to lift the dismissal and reinstate the appeal. However, the stay of execution prayer was overtaken by events as the decree had partly been executed, and prayers 4 and 5 were likewise not granted. The application was allowed only in terms of prayers 2 and 3 (change of advocates and reinstatement), with costs awarded to the respondents.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether leave should be granted for the firm of Conrad Law Advocates LP to come on record for the appellant in place of Ogendo Mwidau Advocates
  2. 2.Whether the court's order of 29th September 2025 dismissing the appeal should be set aside and the appeal reinstated
  3. 3.Whether an order of stay of execution of the judgment and decree issued on 16th October 2024 should be granted

Key legal issues

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01

Setting aside of dismissal order and reinstatement of appeal

Holding

The dismissal order of 29th September 2025 was set aside and the appeal reinstated, because the applicant's former advocate had been served but failed to attend court, the application was filed timeously, and justice favoured the applicant being heard

Reasoning

The court noted the applicant had an advocate on record at the date of dismissal; that advocate was served with the Mention Notice but failed to attend. The applicant claimed not to have been notified. Weighing the desire to be heard on appeal, the explanation for non-attendance, and the timeous filing, the court exercised its discretion in favour of reinstatement so the appellant could prosecute the appeal.

p. 2
02

Stay of execution

Holding

Stay of execution was refused because the decree had partly been executed - the suit land's registration had already reverted to Henry Odero Ochila, deceased - as evidenced by an official search not disputed by the applicant

Reasoning

The 1st respondent, through a supplementary affidavit and an official search dated 23rd October 2025, demonstrated that the decree had been executed by reverting registration of Kisumu/Wathorego/1219 to the name of the deceased. The applicant did not dispute this. The court therefore held the stay prayer overtaken by events and declined to grant it.

p. 3

Legal principles established

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  • A party's desire to be heard, a reasonable explanation for non-attendance by counsel, and the timeous filing of the application justify lifting a dismissal order in the interest of justice
  • A prayer for stay of execution becomes moot, and must be refused, where the decree has already been executed

Court orders

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  1. 1.Leave granted for the firm of Conrad Law Advocates LP to come on record for the appellant/applicant in place of Ogendo Mwidau Advocates
  2. 2.The court order of 29th September 2025 dismissing the appeal is set aside and the appeal reinstated to hearing
  3. 3.Costs of the application awarded to the respondents

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Principal Magistrates' Court (trial court, Hon. D.O Onyango CM)
Not stated
Jurisdiction invoked
Appellate and supervisory jurisdiction of the Environment and Land Court over appeals from subordinate courts, exercised in an interlocutory application (no specific provision cited in the ruling)

Relief refused

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Order of stay of execution of the judgment and decree issued on 16th October 2024

The decree had already been partly executed - registration of the suit land Kisumu/Wathorego/1219 had reverted to Henry Odero Ochila (deceased) - so the prayer was overtaken by events

p. 2

Prayer 4 (appeal be set down for hearing) and prayer 5 (costs be in the cause)

The respondent averred these were untenable and overtaken by events since the decree had already been executed; the court granted the application only in terms of prayers 2 and 3

p. 2

Costs

Costs of the application are awarded to the respondents.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

find it to be in the interest of justice to lift the dismissal order and reinstate the appeal and allow the appellant opportunity to prosecute the appeal.
p. 2Reinstatement of appeal dismissed for non-attendance
The prayer for an order of stay of execution has therefore been overtaken by events.
p. 3Stay of execution refused - decree already executed
Leave is granted for the firm of Conrad Law Advocates LP to come on record for the appellant/ applicant in place of Ogendo Mwidau Advocates.
p. 3Change of advocates granted
The court order of 29th September 2025 herein dismissing the appeal is hereby set aside and the appeal reinstated to hearing.
p. 3Final orders - dismissal order set aside
Costs of the application are awarded to the respondents.
p. 3Costs

Issues in the judgment

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minor

Internal date inconsistency: the certificate of official search is described as dated 23rd October 2023 in one passage and 23/10/2025 in another

minor

The ruling does not state the case number, names of the parties, or the lower court case details, identifying parties only by role

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, "Ramadhani & another v Odero & 5 others (Environment and Land Appeal E089 of 2024) [2026] KEELC 81 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/81/eng@2026-01-20

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