Notice of Motion dated 27/1/2026 - Application to reinstate application dated 1/8/2025
The bottom line
#Kenya's Environment and Land Court reinstated an application dismissed when counsel missed the hearing, accepting an honest diarization mistake with no opposition.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appellants' application dated 1/8/2025, dismissed on 30/9/2025 for non-attendance, should be reinstated
Key legal issues
#Reinstatement of an application dismissed for non-attendance
The dismissal was set aside and the application reinstated
Counsel explained that non-attendance resulted from a mis-diarization of the hearing date. The application was unopposed. In the absence of opposition, the court accepted the explanation and allowed the application in terms of prayer 1, effectively reinstating the earlier application.
Legal principles established
#- Where an application is unopposed and a reasonable explanation is tendered for non-attendance, the court may reinstate a dismissed application
Court orders
#- 1.The application dated 1/8/2025, dismissed on 30/9/2025, is reinstated in terms of prayer 1 of the notice of motion dated 27/1/2026
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in the judgment
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the absence of any opposition, the explanation tendered by counsel is accepted and the application is allowed in terms of prayer 1.
DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF APRIL, 2026.
Issues in the judgment
#The judgment is ex-tempore and very brief; it does not state the case number, the nature of the underlying application dated 1/8/2025, or the prayer wording, making the precise relief reinstated unclear
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Notice of Motion dated 27/1/2026 - Application to reinstate application dated 1/8/2025", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2066/eng@2026-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.