Ponda v Fabio & another (Environment and Land Case E023 of 2023) [2026] KEELC 2927 (KLR)
The bottom line
#Kenya's Environment and Land Court gave a landowner a second chance to be heard, but refused to let outsiders interfere or merge the overlapping land suits.
What this practically means
#Executive summary
#Key legal issues
#Whether non-parties ('affected parties') have locus standi to intervene in and affect pending proceedings
The affected parties have no locus standi; their application dated 20th May 2025 was dismissed as misplaced.
The court reasoned that persons who are not parties to the proceedings cannot affect or stop them. The pendency of ELC No. E018 of 2024, in which they are named as defendants, cannot be a basis for halting the applicants from prosecuting their motion dated 2nd April 2025 in the manner they wish.
Whether the ex parte proceedings and pending judgment should be set aside and stayed
Judgment delivery stayed and ex parte proceedings set aside; the applicant allowed to defend and the proceedings to be heard de novo.
Although the record showed the applicant was served and failed to defend (instead filing a fresh suit over the same subject matter), the court invoked the interests-of-justice principle, citing Shah v Mbogo and Patel v East Africa Cargo Handling Services. Since the pending judgment would address the same issues as ELC No. E018 of 2024, and to avoid convolution, the court found it prudent to stay judgment and order a de novo hearing.
Whether ELC No. E023 of 2023 should be consolidated with ELC No. E018 of 2024
Consolidation refused as premature.
The court accepted the respondent's submission that a matter slated for judgment cannot be consolidated with a pending one, holding it procedurally impracticable at this stage. It directed counsel to consult their clients on how to proceed in an orderly manner in both matters, leaving consolidation or folding one matter for future applications.
Legal principles established
#- The discretion to set aside ex parte orders is meant to remedy injustice or hardship arising from accident, inadvertence or excusable mistake, not to excuse deliberate obstruction or evasion.
- The discretion over ex parte proceedings should be exercised to ensure a just result, particularly where a case has not been heard on its merits.
- Ex parte proceedings are viewed as temporary and reviewable to prevent a party from being condemned unheard.
Court orders
#- 1.The application dated 20th May 2025 is dismissed.
- 2.The application dated 2nd April 2025 is partially allowed: delivery of judgment is stayed.
- 3.The ex parte proceedings so far taken in ELC No. E023 of 2023 are set aside.
- 4.The applicant is allowed to defend and the proceedings so far taken shall be heard de novo.
- 5.Consolidation with ELC No. E018 of 2024 is deferred as premature; the parties to consider whether to fold one matter or consolidate in the future.
- 6.Each party to bear their own costs concerning the motions.
- Jurisdiction invoked
- Inherent jurisdiction of the Environment and Land Court to regulate its own proceedings, including stay of delivery of judgment, setting aside ex parte proceedings and consolidation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ponda v Fabio & another (Environment and Land Case E023 of 2023) [2026] KEELC 2927 (KLR)", Case Analysis (2026). ELC No. E023 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2927/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.