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ELCDismissedNot stated in the judgment· [2026] KEELC 3909 (KLR)

Makongo & another v Musinde & another (Environment and Land Case 400 of 2014) [2026] KEELC 3909 (KLR)

Environment and Land Court (court name not expressly stated in the judgment; delivered at Kakamega)
17 June 2026
481 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed an application to set aside virtual hearing orders, ruling that claims of being denied entry to online hearings can amount to abuse of process.

What this practically means

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Executive summary

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The applicants, through a notice of motion dated 7th October 2025 supported by an affidavit sworn by their advocate Andrew Masibayi Murunga, sought to set aside the proceedings and orders made on 24th September 2025 and to reinstate their application dated 26th June 2025 for hearing on merits, with leave for the respondent to file a response, plus costs. The basis of the application was that on 24th September 2025 counsel was ready to prosecute the application but was not admitted into the court's virtual platform, and that failure to reinstate would condemn the applicants unheard. No response was filed. The court identified a single issue: whether the applicant deserved the orders sought. It held that it has power and discretion under Order 51 Rule 15 to set aside ex parte orders, to be exercised judiciously. On the facts, the court found the counsel's assertion misleading: admission to the court's virtual platform is automatic and the court does not admit parties or counsel; attendees need only log in through a publicly available link, and no advocate or litigant sought admission on the date in question. The record further showed that on 24th September 2025 the court directed parties to file and exchange written submissions within 21 days and slated mention for 19th January 2026; it did not dismiss the application dated 26th June 2025, which remains unprosecuted. Consequently, the motion was found unnecessary and an abuse of the court process and was dismissed in its entirety, with the court pronouncing 'It is so ordered.' No separate costs order was made.

Key legal issues

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Whether the applicant deserved orders setting aside the proceedings and orders of 24th September 2025 and reinstating the application dated 26th June 2025

Holding

The application was dismissed as unnecessary and an abuse of the court process

Reasoning

The applicant's advocate claimed he was not admitted to the court's virtual platform on 24th September 2025, but the court found this misleading since admission to its virtual platform is automatic and counsel merely needed to log in through a public link. Further, the court did not dismiss the application dated 26th June 2025; it ordered filing and exchange of submissions and slated a mention for 19th January 2026. That application remains unprosecuted, so there was nothing to reinstate.

p. 2

Legal principles established

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  • The court has power and discretion under Order 51 Rule 15 to set aside ex parte orders, to be exercised judiciously
  • Applications that are unnecessary and without factual foundation constitute an abuse of the court process and will be dismissed

Court orders

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  1. 1.The notice of motion dated 7th October 2025 is dismissed
Jurisdiction invoked
Order 51 Rule 15 of the Civil Procedure Rules (power to set aside ex parte orders)

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, "Makongo & another v Musinde & another (Environment and Land Case 400 of 2014) [2026] KEELC 3909 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3909/eng@2026-06-17

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