Makongo & another v Musinde & another (Environment and Land Case 400 of 2014) [2026] KEELC 3909 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the applicant deserved orders setting aside the proceedings and orders of 24th September 2025 and reinstating the application dated 26th June 2025
The application was dismissed as unnecessary and an abuse of the court process
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.