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ELCDismissedNot stated in the judgment

Katei & 6 others v County Government of Makueni & 3 others (Environment and Land Petition E002 of 2022) [2026] KEELC 1248 (KLR)

Environment and Land Court
5 March 2026
1,416 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to reinstate two applications dismissed for non-attendance, ruling email service valid and telling the parties to focus on their main petition.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court (Obaga, J) determined a notice of motion dated 11th September, 2025 in which the Petitioners sought setting aside of dismissal orders made on 14th May, 2025, reinstatement of their applications dated 4th April, 2022 (or 2023 as stated in one passage) and 17th May, 2023, and an order of status quo. The underlying petition, filed on 4th April, 2022 by owners of properties in Sultan Hamud town, challenged a notice issued by the 1st Respondent on 21st January, 2022 and published on 23rd February, 2022, seeking declarations that the notice was unconstitutional and void for lack of public participation, that the Respondents' actions violated the petitioners' property rights without just cause or adequate compensation, preservation orders, injunction and costs. After the Applicants' advocates were allowed to cease acting, the court directed that hearing notices be served on the Applicants in person. The two applications were dismissed on 14th May, 2025 for non-attendance after service through the 1st Applicant's email address. The Applicants argued that personal service as directed had not been effected and that their rights to a fair hearing under Articles 47, 48 and 50 of the Constitution were breached, citing Philip Chemwolo v Augustine Kubende on not punishing a party for a blunder. The 1st Respondent opposed, contending the application was an abuse of process, that service through the same email used for the application to cease acting was effective, that there was inordinate delay of four months, and that the Applicants would suffer no prejudice as the petition remained alive. Holding that the Applicants were not deserving of the court's discretion, that nothing remained in the dismissed applications to assist them, and that the Applicants would be better served by having the main petition determined, the court dismissed the application with costs to the 1st Respondent.

Questions the Court framed

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

  1. 1.Whether the Applicants have demonstrated that they deserve the discretion of the court in setting aside the dismissal order made on 14th May, 2025

Key legal issues

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01

Whether the court should exercise its discretion to set aside dismissal orders made for non-attendance

Holding

The discretion was refused; the Applicants were served through the same email address used for the application to cease acting, and the dismissed applications contained nothing that would assist them

Reasoning

The court noted that except for the injunction, the application dated 4th April, 2022 sought the same orders as the petition, and the 17th May, 2023 application sought only status quo. Nothing adverse had occurred since 2022; indeed the Applicants at one stage contemplated terminating the petition. Reinstating the applications would not further speedy disposal of the matter.

p. 4
02

Whether the Applicants were denied an opportunity to be heard contrary to Articles 47, 48 and 50 of the Constitution

Holding

Effectively answered against the Applicants; the hearing notice was served through the 1st Applicant's email address, the same channel through which the advocates' application to cease acting was served, so the Applicants cannot claim they never received it

Reasoning

The court had directed personal service after allowing the advocates to cease acting. The Applicants contended the notice was not served in person and that the email was not received. The court found the Applicants were served with the application to cease acting through the same address and could not now turn around and claim non-receipt. No violation of the right to be heard was established.

p. 4

Legal principles established

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  • Where an advocate has ceased acting and the court directs personal service of hearing notices, a party cannot claim non-service where the notice was sent to the same email address used in the proceedings, and the party bears responsibility for pursuing its own applications
  • Parties who neglect to prosecute interlocutory applications cannot expect the court's discretionary indulgence where the applications no longer advance the substantive case

Court orders

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  1. 1.The Applicants' notice of motion dated 11th September, 2025 seeking reinstatement of the two dismissed applications is dismissed
  2. 2.Costs of the application awarded to the 1st Respondent

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original constitutional petition jurisdiction; discretionary jurisdiction to set aside dismissal orders for non-attendance

Relief refused

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Setting aside the dismissal orders of 14th May, 2025 and reinstatement of the applications dated 4th April, 2022 and 17th May, 2023

Applicants not deserving of the court's discretion; the dismissed applications would not further the interest of speedy disposal and the Applicants can pursue the main petition

p. 4

Order of status quo pending hearing and determination of the application

It was consequential upon the reinstatement prayer, which was refused

p. 1

Costs

The Applicants' application is dismissed with costs to the 1st Respondent.

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.

The only issue for determination is whether the Applicants have demonstrated that they deserve the discretion of the court in setting aside the dismissal order.
p. 2Issue for determination
There is nothing pending in the dismissed application which will help the Applicants. The Applicants will be better having the main petition determined instead of dwelling on applications which will not further the interest of speedy disposal of this matter.
p. 4Discretion refused - speedy disposal
I therefore find that the Applicants are not deserving of the discretion of the court. The Applicants’ application is dismissed with costs to the 1st Respondent.
p. 4Final orders - dismissal and costs

Issues in the judgment

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minor

The judgment inconsistently dates the dismissed application: para 2 refers to 'application dated 4th April, 2023' while para 12 refers to 'notice of motion dated 4th April, 2022' and states the petition was filed on 4th April, 2022

minor

The Applicants' submissions are dated 11th January, 2025, which predates the application dated 11th September, 2025 and the dismissal of 14th May, 2025 - an apparent typographical error

minor

The judgment does not name the individual Applicants or Respondents; only the 1st Respondent is referred to 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, "Katei & 6 others v County Government of Makueni & 3 others (Environment and Land Petition E002 of 2022) [2026] KEELC 1248 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1248/eng@2026-03-05

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