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ELCDismissedLand Case 007 of 2024· [2026] KEELC 912 (KLR)

Mukuha & 2 others v County Government of Nakuru & 6 others (Land Case 007 of 2024) (Environment and Land) [2026] KEELC 912 (KLR)

Environment and Land Court
19 February 2026
MOM.C. Oundo
3,222 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed a landlord's bid to have rent arrears paid into a court-supervised account because neither side bothered to file the written submissions the court had directed.

What this practically means

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Executive summary

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The 2nd Plaintiff/Applicant, Grace Wamboi Mukuha, moved the Environment and Land Court at Naivasha by Notice of Motion dated 27th November 2025 under Sections 1A, 1B, 3, 3A and 63 of the Civil Procedure Act and Order 52 Rule 1 of the Civil Procedure Rules, seeking orders that the 2nd Defendant/Respondent deposit rent arrears from February 2017 (computed at Kshs. 6,890,000/=) and current rent at Kshs. 65,000/= per month into an interest-earning escrow account in the joint names of the parties' advocates, with liberty to levy distress in default. She deponed that she purchased the suit plot from the widows of the original allottee, built three rental units on it, and that the 2nd Defendant, who claims registered ownership of Naivasha/Municipality Block 6/117, fraudulently caused himself to be registered and had stopped paying rent since February 2017. The 2nd and 3rd/5th Defendants opposed the application as res judicata a Ruling of 13th March 2018 by D.O. Ohungo J and an abuse of process, contending the 2nd Defendant was the registered owner under section 25 of the Land Registration Act. The 6th Defendant (National Land Commission) did not oppose. The parties were directed to dispose of the application by written submissions but none were filed. The court, invoking the maxim vigilantes non dormientibus jura subveniunt and the Court of Appeal's guidance in Rowlands Ndegwa, dismissed the motion for want of prosecution and ordered each party to bear its own costs. The substantive escrow application remains unadjudicated.

Key legal issues

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01

Dismissal for want of prosecution of an application

Holding

The application was dismissed because the parties failed to file written submissions as directed, demonstrating inertia and inordinate delay

Reasoning

The court directed that the application be disposed of by written submissions. By the time the court retired to write the ruling, no party had complied despite reminders. The court applied the principle that the law assists the vigilant, and the Court of Appeal guidance that dismissal for want of prosecution is invited where there is delay and the respondent is prejudiced. The court exercised its discretion to dismiss the motion.

p. 7
02

Whether the application was res judicata the Ruling of 13th March 2018

Holding

Not determined, as the application was dismissed for want of prosecution before the issue was reached

Reasoning

The 2nd and 3rd/5th Defendants opposed the application as res judicata the ruling of 13th March 2018 by D.O. Ohungo J, which directed that entitlement to rent await full hearing. The court did not rule on this objection, instead dismissing the motion for the parties' failure to file submissions.

p. 6

Legal principles established

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  • Parties who fail to file submissions on an application as ordered are deemed to have failed to prosecute the application, which is liable for dismissal

Court orders

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  1. 1.The motion dated 27th November 2025 is dismissed
  2. 2.Each party shall bear its own costs

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3, 3A, 63 and 7
  • Civil Procedure Rules 2010Order 52 Rule 1
  • Land Registration Act, 2012Section 25
  • National Land Commission Act, 2012Section 14
  • Constitution of Kenya, 2010Article 67

Cases cited (2)

  • Rowlands Ndegwa and 4 Others vs. County Government of Nyeri and 3 Others; Agriculture, Fisheries and Food Authority & Another (Interested Parties)
    [2020] eKLR
  • Winnie Wanjiku Mwai vs. Attorney General & 3 Others
    [2016] eKLR
Jurisdiction invoked
Sections 1A, 1B, 3, 3A and 63 of the Civil Procedure Act and Order 52 Rule 1 of the Civil Procedure Rules 2010

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, "Mukuha & 2 others v County Government of Nakuru & 6 others (Land Case 007 of 2024)  (Environment and Land) [2026] KEELC 912 (KLR)", Case Analysis (2026). Land Case 007 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/912/eng@2026-02-19

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