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ELCDismissedNot stated in judgment· [2026] KEELC 4159 (KLR)

Ndegwa & another v Chauhan & another (Environment and Land Case 7 of 2018) [2026] KEELC 4159 (KLR)

Environment and Land Court
8 July 2026
MOM. A. ODENY
1,974 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land suit stays dead: the court refused to reinstate it because the owners waited nearly two years and offered no convincing excuse.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J.) on a Notice of Motion dated 23rd February 2026 by the Plaintiffs/Applicants seeking reinstatement of their land suit over parcel Block 2/17942 (Mwariki), dismissed on 10th June 2024 for non-attendance. The Applicants blamed their former advocates, Ikua Mwangi & Co., who allegedly withdrew on 6th March 2023 without notifying them, failed to extract a consent order on a survey, and left them unmapped in the court tracking system while they resided in the United States; a hearing notice emailed on 29th February 2024 allegedly went to spam and lacked a virtual link. The 1st Respondent countered that the suit, filed in January 2018, had already been dismissed once on 3rd March 2022 for non-attendance and reinstated on 30th May 2022; that the parties were indolent for eight years; and that the reinstatement application, filed nearly two years after dismissal, was inordinate with no reasonable explanation, invoking the principle that cases belong to parties, not advocates. The court framed one issue: whether the application satisfied the criteria for reinstatement of a suit dismissed for want of prosecution/non-attendance. Applying South Empire Traders, Ivita v Kyumbu, Daqare Transporters and Shah v Mbogo, the court held the delay inordinate and inexcusable and that blame on counsel does not have blanket application given the Applicants' past conduct. The application was dismissed with costs to the 1st Respondent.

Key legal issues

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01

Whether the Applicants established sufficient cause for reinstatement of a suit dismissed for want of prosecution

Holding

The application failed; the delay of about two years was inordinate and inexcusable, and the Applicants had not given a reasonable explanation for their non-attendance

Reasoning

The suit was dismissed on 10th June 2024 and the reinstatement application was filed on 23rd February 2026. This was the second dismissal for non-attendance, the first on 3rd March 2022 after the Applicants failed to comply with directions on a survey progress report. Blame of former counsel does not have blanket application; the conduct of the parties is relevant. The Applicants did not sufficiently or reasonably explain the delay, and the court's discretion must be exercised judiciously, not to reward indolence.

p. 4

Legal principles established

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  • Reinstatement of a suit dismissed for non-attendance is not automatic; the applicant must give cogent reasons for non-attendance and explain any delay in bringing the application
  • The discretion to reinstate must be exercised judiciously and is not designed to assist a party who has deliberately obstructed or delayed the course of justice

Court orders

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  1. 1.The Application dated 23rd February, 2026 is dismissed with costs to the 1st Respondent

Authorities

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Legislation

  • Constitution of KenyaSection 159 (as cited by counsel)
  • Civil Procedure RulesOrder 12 Rule 7

Cases cited (10)

  • Chrispine Machimbo Ambalasi V Herman Lovega
    Civil Appeal 27 of 2023
  • Khadar Developers Limited V Diamond Trust Bank Limited
    [2020] eKLR
  • Simon Waiti Kimani & 3 Others V Equity Building Society
    [2010] KEHC 1399 (KLR)
  • Zakayo Kamau Theuri v Moses Kinini Theuri
    [2018] KEELC 2618 (KLR)
  • Wafula V Wephukulu & 5 Others
    (Civil Suit 55 of 2010) [2025] KEELC 1421 (KLR)
  • John Mkuha Mburu V Charles Mwega Mburu
    [2019] eKLR
  • South Empire Traders –vs- Nakuru Players Theatre Club
    (2018) eKLR
  • Ivita V Kyumbu
    [1975] KEHC 4 (KLR)
  • Daqare Transporters Limited V Chevron Kenya Limited
    [2020] KECA 309 (KLR)
  • Shah V Mbogo & another
    (1968) EA 116
Jurisdiction invoked
Inherent discretion to reinstate a suit dismissed for want of prosecution (Order 12 Rule 7 Civil Procedure Rules); original civil jurisdiction of the ELC over land parcel Block 2/17942 (Mwariki)

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, "Ndegwa & another v Chauhan & another (Environment and Land Case 7 of 2018) [2026] KEELC 4159 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4159/eng@2026-07-08

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