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ELCAllowedEnvironment and Land Petition No. E005 of 2021· [2026] KEELC 6162 (KLR)

Kepher Odhiambo Mak'Anyengo v Linus Omoro Oyayo (Suing through his next of kin, Crestina Aoko Ooro) & 2 Others

Environment and Land Court of Kenya
25 September 2026
JWJ.W Wanyonyi
1,704 words in judgment
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The bottom line

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Kenya's Environment and Land Court reinstated a dismissed land petition, confirming that explained delay should not permanently block a fair hearing.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Homa Bay (J.W Wanyonyi, J) determines a Notice of Motion dated May 15, 2026 by Kepher Odhiambo Mak'Anyengo seeking reinstatement of Environment and Land Petition No. E005 of 2021, which had been dismissed for non-attendance at a mention held without notice to him. The underlying dispute concerns land parcel LR KKK 830, adjudicated in 2007 with a southern third (LR KKK 3720) allocated to the 1st respondent, and alleged fraudulent ministerial appeal processes thereafter. The petitioner sought certiorari to quash ministerial/adjudication decisions, asserting violations of Articles 10, 47 and 50. During the pendency of the petition the 1st respondent died, prompting succession citation proceedings (Homabay CM Succession Misc. E104 of 2024, citation orders issued August 25, 2025) to substitute his next of kin, Crestina Aoko Ooro. The court framed four issues: its inherent power to reinstate; the sufficiency of the explanation for delay; the existence of triable issues; and costs. Relying on Section 3A of the Civil Procedure Act, Order 51 Rule 15, Article 50(1), and comparative Kenyan, Ugandan, Tanzanian and Malawian authority, the court held the delay was bona fide, occasioned by the respondent's death and substitution steps, and that the petition raised genuine triable issues. The application was allowed: the dismissal was set aside, the petition reinstated for hearing on merit, with service and mention directions, and costs of the application abiding the outcome of the main petition.

Key legal issues

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01

Inherent power to reinstate a suit dismissed for non-attendance

Holding

The court has inherent jurisdiction under Section 3A CPA and Order 51 Rule 15 to set aside the dismissal.

Reasoning

The dismissal occurred while the petitioner was actively pursuing substitution of a deceased respondent through citation proceedings. Permanently shutting the court doors on a vital constitutional and land dispute would violate Article 50(1)'s fair hearing guarantee, so the inherent jurisdiction is affirmed and exercised.

p. 6
02

Sufficiency of explanation for delay and non-attendance

Holding

The delay was sufficiently explained by the 1st respondent's death and the succession citation process, demonstrating bona fides.

Reasoning

The petitioner was engaged in substitution proceedings (Homabay CM Succession Misc. E104 of 2024) and lacked notice of the dismissal mention. The explanation shows bona fides rather than an intention to slumber on rights or obstruct justice, excusing the procedural lapse.

p. 6
03

Triable issues warranting reinstatement

Holding

The petition raises genuine triable issues on land adjudication boundaries and alleged administrative irregularities deserving full ventilation.

Reasoning

The record reveals substantive grounds concerning land adjudication boundaries, twin-parcel derivation from LR KKK 830, and allegations of irregularities in ministerial appeal processes. Such a genuine dispute merits a full trial rather than summary dismissal.

p. 6

Legal principles established

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  • Delay per se does not seal the fate of a suit if it is reasonably explained and causes no incurable prejudice to a fair trial.
  • Courts possess inherent jurisdiction under Section 3A of the Civil Procedure Act to set aside dismissals to secure substantive justice.

Court orders

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  1. 1.The Notice of Motion application dated May 15, 2026 is allowed in terms of prayer 1 and 2
  2. 2.The order dismissing Environment and Land Petition No. E005 of 2021 for non-attendance is set aside and the petition is fully reinstated for hearing on its merits
  3. 3.The applicant shall serve the substituted respondent (Crestina Aoko Ooro) and all active parties with a mention notice within fourteen (14) days
  4. 4.The suit to be mentioned on 27/10/2026 for further directions on the hearing of the main petition and notice to issue to all Respondents
  5. 5.The costs of the application shall abide the outcome of the main petition
Jurisdiction invoked
Section 3A of the Civil Procedure Act (Cap 21) and Order 51, Rule 15 of the Civil Procedure Rules; Article 50(1) of the Constitution

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, "Kepher Odhiambo Mak'Anyengo v Linus Omoro Oyayo (Suing through his next of kin, Crestina Aoko Ooro) & 2 Others", Case Analysis (2026). Environment and Land Petition No. E005 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6162/eng@2026-09-25

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