Ethics and Anti-Corruption Commission v Luyali (Suing as Administrator of the Estate of Ezekiel Luyali Liyai) & 2 others; County Government of Mombasa & another (Interested Parties) (Environment and Land Case E049 of 2023) [2026] KEELC 1515 (KLR)
The bottom line
#A Mombasa court refused to reopen a land case, ruling that missing hearings without a credible excuse forfeits your chance to be heard.
What this practically means
#Executive summary
#Key legal issues
#Whether to grant leave to reopen the case and set aside ex parte proceedings
Application dismissed; the 1st defendant failed to demonstrate excusable default or a bona fide defence
The 1st defendant entered appearance and was represented by advocate Amadi, who was served with hearing notices for the hearings of 22.01.2025 and 10.06.2025 as shown by affidavits of service, but never attended. No letter or affidavit from the previous advocate explained the non-attendance, and the applicant gave no candid explanation. Granting leave would delay conclusion of the suit contrary to sections 1A and 1B of the Civil Procedure Act, and no bona fide defence was demonstrated.
Costs of the application
Costs awarded to the plaintiff, the successful party
Applying the general rule that costs follow the event under the proviso to section 27 of the Civil Procedure Act, and following Hussein Janmohamed & Sons v Twentsche Overseas Trading Co. Ltd, the court saw no reason to depart from the rule and awarded the plaintiff the costs of the application.
Legal principles established
#- The discretion to set aside ex parte proceedings is exercised to avoid injustice from accident, inadvertence or excusable mistake, not to assist one who deliberately sought to obstruct or delay justice
- An applicant for setting aside ex parte proceedings must provide a credible and reasonable explanation for his default before the discretion is exercised in his favour
- Costs follow the event under the proviso to section 27 of the Civil Procedure Act unless the court for good reason directs otherwise
Court orders
#- 1.The 1st defendant's application dated 09.10.2025 is dismissed
- 2.The plaintiff is awarded the costs of the application
- 3.Judgment was slotted for 02.07.2026
- Jurisdiction invoked
- Original civil suit jurisdiction; Civil Procedure Act (Cap 21), including sections 1A, 1B and 27
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Luyali (Suing as Administrator of the Estate of Ezekiel Luyali Liyai) & 2 others; County Government of Mombasa & another (Interested Parties) (Environment and Land Case E049 of 2023) [2026] KEELC 1515 (KLR)", Case Analysis (2026). Not stated in the judgment (ELC, Mombasa; related suit ELC No. 425 of 2009 referenced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1515/eng@2026-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.