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ELCDismissedELC No. 7 B of 2019 (formerly Nairobi Constitutional Petition No. 416 of 2018)· [2026] KEELC 1386 (KLR)

Saina & another v Commissioner of Lands & 11 others (Environment and Land Case 7B of 2019) [2026] KEELC 1386 (KLR)

Environment and Land Court of Kenya
9 March 2026
2,846 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to revive a land suit dismissed for delay, ruling the claimants failed to prove the court file was ever misplaced.

What this practically means

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Executive summary

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The Petitioners (Applicants) filed a Notice of Motion dated 20.02.2025 seeking reinstatement of their suit, dismissed for want of prosecution, and that costs be in the cause. The suit, originally Nairobi Constitutional Petition No. 416 of 2018, was transferred to Eldoret on the direction of Justice Chacha Mwita and became Eldoret ELC No. 7 B of 2019. The Applicants claimed the file was misplaced in the Nairobi registry, that they were never informed of the transmission to Eldoret, and that they only learned of the file's location while pursuing a file-reconstruction application (Nairobi High Court Misc. Application No. E008 of 2025); hence they missed the notice to show cause and the dismissal. Only the 7th, 8th and 9th Respondents opposed, contending the file was transmitted on 17.01.2019, that receipt was acknowledged by a letter dated 12.04.2022 copied to the Applicants' advocates, that the Notice of Dismissal dated 24.05.2024 for a hearing on 03.06.2024 was served on counsel on 27.05.2024, and that the Applicants were indolent and forum shopping, with the dispute already determined in Eldoret ELC Case No. 392 of 2015, ELC Petition No. 10 of 2018, Court of Appeal Civil Appeal No. 296 of 2019 and Supreme Court Petitions No. 32-E036, 35-E038 and 36-E029 of 2022. The court framed three issues: whether sufficient grounds existed to set aside the dismissal; whether the application was merited; and costs. It found the Applicants bore the burden of proving misplacement and produced no documents; the letters of 17.01.2019 and 12.04.2022 showed the file was traceable in transit and counsel was copied; and the Notice of Dismissal was duly served. The application was found unmerited and dismissed, with costs awarded to the 7th, 8th and 9th Respondents, payable by the Applicants.

Key legal issues

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01

Whether the Applicants established grounds to set aside the dismissal order and reinstate the suit

Holding

The dismissal order of 03.06.2024 was not set aside and the suit was not reinstated; the application was dismissed with costs to the 7th, 8th and 9th Respondents

Reasoning

The Applicants alleged the file was misplaced in Nairobi and that they were unaware of the transfer to Eldoret and of the notice to show cause. The court found no documentary proof of misplacement; letters of 17.01.2019 and 12.04.2022 showed the file was transmitted and its receipt copied to the Applicants' advocates. The Notice of Dismissal dated 24.05.2024, showing the 03.06.2024 hearing date, was served on counsel on 27.05.2024 by a process server. Indolence was therefore established and no sufficient grounds for reinstatement were shown.

p. 7
02

Whether the application was merited

Holding

The application was held not merited, following from the finding on Issue No. 1

Reasoning

Having found that the Applicants were aware of the transfer and were duly served with the Notice of Dismissal, the court held that no good or sufficient grounds existed to exercise its discretion to set aside the dismissal. The merits question was resolved as a direct consequence of the findings on service and the lack of proof of misplacement, without any separate analysis.

p. 7

Legal principles established

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  • A party alleging that a court file was misplaced bears the burden of proving that allegation, failing which the claim of misplacement fails.
  • Where a letter from the Deputy Registrar confirming receipt of a transferred file is copied to a party's advocates and the party does not rebut receipt, the court presumes it was served and the party is deemed aware of the transfer.

Court orders

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  1. 1.The Notice of Motion Dated 20.02.2025 is not merited and therefore dismissed
  2. 2.The Applicants are condemned to pay costs of the present application to the 7th, 8th and 9th Respondents

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 13(1) & (2)
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over a notice of motion to set aside a dismissal order and reinstate the suit

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, "Saina & another v Commissioner of Lands & 11 others (Environment and Land Case 7B of 2019) [2026] KEELC 1386 (KLR)", Case Analysis (2026). ELC No. 7 B of 2019 (formerly Nairobi Constitutional Petition No. 416 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1386/eng@2026-03-09

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