Furncon Limited v Nairobi City County & another (Environment and Land Case E310 of 2022) [2026] KEELC 2497 (KLR)
The bottom line
#Kenya's Environment and Land Court let a late court filing in, but ruled the jurisdiction question must be heard before any other application.
What this practically means
#Executive summary
#Key legal issues
#Whether the Plaintiff should be granted leave to file a replying affidavit and submissions out of time
Leave granted; the explanation for the delay (self-representation then late instruction of Counsel) was satisfactory and the 2nd Defendant showed no specific prejudice
Order 50 Rule 6 empowers the court to enlarge time in the interest of justice even after expiry. Applying the Salat principles, the court found the delay was explained, not intentional, and that no specific prejudice beyond general inconvenience was demonstrated. Because the pending application raised a jurisdictional issue capable of disposing of the suit in limine, fairness required that the Plaintiff be heard before that issue was determined.
Which application should be heard first - the Plaintiff's disqualification application (30th July 2024) or the 2nd Defendant's jurisdiction application (18th June 2024)
The jurisdiction application dated 18th June 2024 takes priority; disqualification of counsel is a collateral matter
The court reaffirmed the Lillian S principle that jurisdiction must be addressed before any other matter. The disqualification of counsel is collateral and does not touch jurisdiction, whereas if the jurisdictional application succeeds it would render all other proceedings, including the representation question, otiose. The prior direction by Mogeni J on 24th October 2024 remained undisturbed and bound the court.
Legal principles established
#- A court must determine the question of jurisdiction at the earliest opportunity, as it cannot proceed without it
- Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, on a satisfactory explanation of the delay and absence of prejudice
- Leave to file a response out of time may properly be granted where a threshold jurisdictional issue would dispose of the suit, since it would be contrary to the interests of justice to decide it without hearing the party
Court orders
#- 1.The Plaintiff's Replying Affidavit and Submissions in opposition to the 2nd Defendant's Notice of Motion dated 18th June 2024 are admitted and deemed as duly filed
- 2.The 2nd Defendant's Notice of Motion dated 18th June 2024 shall be heard and determined prior to the Plaintiff's application dated 30th July 2024
- 3.The Plaintiff shall bear the costs of the application
- Jurisdiction invoked
- Environment and Land Court under Article 162(2)(b) of the Constitution; motion brought under Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A, 1B, 3A & 63(e) of the Civil Procedure Act and Articles 50(1), 25(c) and 47(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Furncon Limited v Nairobi City County & another (Environment and Land Case E310 of 2022) [2026] KEELC 2497 (KLR)", Case Analysis (2026). Not stated in the ruling (Environment and Land Court suit; pending applications dated 18th June 2024 and 30th July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2497/eng@2026-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.