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ELCPartially AllowedAppeal from Millimani MCELC Misc. Cause No. E181 of 2025· [2026] KEELC 5168 (KLR)

Roria (Deceased) Represented by Grace Warii Roria (Administrator Ad Litem) v City Council of Nairobi (Environment and Land Appeal E009 of 2025) [2026] KEELC 5168 (KLR)

Environment and Land Court
31 July 2026
3,653 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled a magistrate wrongly struck out a case on procedural technicalities and ordered it heard on its merits.

What this practically means

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Executive summary

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This is a first appeal against the ruling of Hon. Pamela Achieng (CM) delivered on 23rd October 2025 in Millimani MCELC Misc. Cause No. E181 of 2025, in which the trial court struck out the Appellant's Notice of Motion dated 13th June 2025 on the ground that the reliefs sought - striking out Nairobi City Court Civil Case No. 5 of 2013 (instituted against a deceased person and culminating in default judgment, auction sale and vesting orders over L.R. Nairobi/Block 110/360) - could not be granted through a miscellaneous application and required prior reconstruction of the missing court file. The Appellant, administrator of the estate of the late Karanja Roria, argued that the file movement, reconstruction and renumbering were administrative acts of the registry, that Article 159(2)(d) forbids undue regard to procedural technicalities, and that the underlying suit against a person deceased since 2002 was a nullity ab initio. Allowing the appeal, J. A. Orwa (J) held that the trial magistrate erred in law in striking out the application on procedural technicalities contrary to natural justice, applying Abdirahman Abdi v Safi Petroleum, James Mangeli Musoo v Ezeetec and D T Dobie v Muchina on the overriding objective and striking out as a last resort. The court declined to determine the substantive nullity question for want of all the underlying files and remitted the application dated 13.6.2025 to the Chief Magistrate's Court, Milimani (ELC Division), for hearing on merits before a magistrate other than Hon. P Achieng (CM). Costs were to follow the event per Jasbir Singh Rai.

Key legal issues

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01

Whether striking out the application on the ground that it was brought by way of a miscellaneous application amounted to undue regard to procedural technicalities

Holding

Yes. The trial magistrate erred in law in striking out the application dated 13.6.2025 on procedural technicalities; the transfers and renumbering of the file were purely administrative acts of the registry staff, and the application was denied a determination on its merits contrary to natural justice and Article 159(2)(d)

Reasoning

The affidavit evidence demonstrated the history and movement of the file - its loss, reconstruction and recovery - with the transfer and renumbering being purely administrative acts by registry staff that did not affect the substance of the pleadings. Had the files been called for and placed before the trial magistrate, the application would have been determined otherwise. Article 159(2)(d) requires justice to be administered without undue regard to procedural technicalities, and striking out is a last resort.

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02

Whether proceedings instituted against a deceased person and all consequential orders arising therefrom are a nullity in law

Holding

Not determined; the substantive issue was remitted for hearing on merits because this court did not have the benefit of interacting with all the files touching the subject matter

Reasoning

Although the appellant argued that the suit against Karanja Roria, who died eleven years before suit, was a nullity ab initio rendering the default judgment, auction sale, vesting orders and title incurably bad, the appellate court lacked the underlying files and declined to conclusively determine the question, remitting the application instead.

p. 10

Legal principles established

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  • An appellate court will interfere with a trial magistrate's finding where the court misdirected itself, arrived at a wrong decision, or wrongly exercised its discretion occasioning a miscarriage of justice
  • Striking out pleadings is a drastic step that should be a measure of last resort
  • Costs follow the event, though the court retains discretion in awarding costs

Court orders

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  1. 1.The Appeal is meritorious and is hereby allowed
  2. 2.The ruling of the learned Trial Magistrate (Hon P Achieng-CM) delivered on 23rd October 2025 is hereby set aside in its entirety
  3. 3.The matter is remitted to the Chief Magistrate's Court Milimani (Environment and Land Division) for hearing and determination of the application dated 13.6.2025 on merits before a magistrate clothed with jurisdiction other than Hon P Achieng (CM)
On appeal from
Chief Magistrate's Court, Milimani (Environment and Land Division)
MCELC Misc. Cause No. E181 of 2025
Jurisdiction invoked
First appellate jurisdiction over the subordinate court's ruling (suing in the Environment and Land Court)

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, "Roria (Deceased) Represented by Grace Warii Roria (Administrator Ad Litem) v City Council of Nairobi (Environment and Land Appeal E009 of 2025) [2026] KEELC 5168 (KLR)", Case Analysis (2026). Appeal from Millimani MCELC Misc. Cause No. E181 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5168/eng@2026-07-31

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