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ELCDismissedNot stated in judgment (transferred from Ndhiwa Court)· [2026] KEELC 4349 (KLR)

Kabongo & 2 others v Ogola & another (Land Originating Summons E010 of 2026) [2026] KEELC 4349 (KLR)

Environment and Land Court
14 July 2026
JWJohn Walter Wanyonyi
238 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court dismissed the defendants' counterclaim because they skipped hearings and ignored court directions, and ordered them to pay the plaintiff's costs.

What this practically means

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Executive summary

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The matter was transferred from Ndhiwa Court to the Environment and Land Court at Homa Bay on 13th January 2026 on account of jurisdiction. The plaintiff had originally sued the defendants seeking eviction orders among other prayers, but on 18th June 2025, in the course of proceedings before the lower court, the plaintiff withdrew his suit, and the defendants' counterclaim was moved to the Environment and Land Court for determination. On 5th February 2026, counsel for the plaintiff attended while the defendants were absent. The court directed counsel to effect service and scheduled a mention for 8th May 2026. On that date, counsel and all three defendants were present; the court granted one month to comply with Order 11 and scheduled the matter for 14th July 2026. On 14th July 2026, the matter was called out twice with no response from the defendants, who had also failed to comply with the court's directions. Counsel for the plaintiff was present. Taking account of the defendants' absence and non-compliance, the court dismissed the counterclaim with costs to the plaintiff and marked the file as closed. The ruling was delivered virtually at Homa Bay via the Teams platform, with Anyango for the plaintiff present and the 1st, 2nd and 3rd defendants appearing in person but absent, and Ms. Bosibori serving as court assistant.

Key legal issues

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01

Consequence of non-attendance and non-compliance with directions on a counterclaim

Holding

The counterclaim was dismissed with costs to the plaintiff and the file closed

Reasoning

The counterclaim had been moved to the Environment and Land Court following the plaintiff's withdrawal of his suit before the lower court. Directions were issued, including compliance with Order 11, and service was to be effected. The matter was called out twice on the hearing date with no response from the defendants, who also failed to comply with the court's directions. On account of that absence and non-compliance, the court dismissed the counterclaim with costs and marked the file closed.

p. 2

Legal principles established

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  • A counterclaim may be dismissed for want of prosecution where the counterclaimants are absent and fail to comply with court directions

Court orders

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  1. 1.Dismissal of the counterclaim with costs to the plaintiff
  2. 2.The court file marked as closed
Jurisdiction invoked
Not expressly stated; matter transferred from Ndhiwa Court to this Court on account of jurisdiction

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, "Kabongo & 2 others v Ogola & another (Land Originating Summons E010 of 2026) [2026] KEELC 4349 (KLR)", Case Analysis (2026). Not stated in judgment (transferred from Ndhiwa Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4349/eng@2026-07-14

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