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High CourtOtherHCCA No. E421 of 2023

David Njuguna Wangari v Habil Eshifandi Nandi

High Court of Kenya
26 June 2026
DCD. O. Chepkwony
704 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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If you eventually file the required appeal documents, the court may prevent dismissal even if there were significant delays.

What this practically means

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Executive summary

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This is a ruling on directions in a first appeal, HCCA No. E421 of 2023, at the High Court at Kiambu, arising from a judgment of the Chief Magistrate's Court at Kikuyu delivered on 6th October 2023 by Hon. L. K. Nyabando, Resident Magistrate. The appeal, filed by memorandum dated 16th October 2023, was admitted for hearing on 9th July 2024, but the file lay dormant through a series of mentions at which neither party attended, prompting successive Notices to Show Cause. On 11th November 2025 both counsel appeared: the Respondent's counsel, Mr. Kaburu, urged dismissal of the appeal for want of prosecution, noting the Appellant had not filed a Record of Appeal nor explained the non-attendance; the Appellant's counsel, Mr. Gechoke Gakonge, said he had been following up on typed proceedings and sought a last chance. On 5th December 2025 the Appellant confirmed the Record of Appeal had been filed. The court, per D. O. Chepkwony J, verified on the case tracking system that the Record of Appeal had been duly filed despite the delay, and in the interest of justice declined to dismiss the appeal. The Notice to Show Cause was set aside and directions issued for disposal of the appeal by written submissions, each party to file and serve within thirty days, with a mention fixed for 26th October 2026 to confirm compliance and take a judgment date, and service of the directions by email. No costs order was made.

Key legal issues

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01

Whether to dismiss the appeal for want of prosecution

Holding

The court declined to dismiss the appeal, set aside the Notice to Show Cause and issued directions for written submissions

Reasoning

The court traced the procedural history: the appeal was admitted on 9th July 2024 but lay dormant through several mentions where neither party attended. The Respondent urged dismissal. The Appellant explained efforts to obtain typed proceedings and later filed the Record of Appeal. The court verified on the case tracking system that the Record of Appeal was duly filed and, balancing the delay against the interest of justice, opted to give directions rather than dismiss.

p. 3

Legal principles established

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  • An appeal admitted for hearing should not be dismissed for want of prosecution where the record of appeal has been filed, in the interest of justice

Court orders

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  1. 1.The Notice to Show Cause is set aside
  2. 2.The parties to dispose of the appeal by way of written submissions
  3. 3.The Appellant to file and serve written submissions within thirty (30) days from the date of the ruling
  4. 4.The Respondent to file and serve written submissions within thirty (30) days of being served with the Appellant's submissions
  5. 5.The matter to be mentioned on 26th October, 2026 for confirmation of compliance and directions on a judgment date
  6. 6.The directions and notice to be served upon the parties and/or their respective counsel via email
On appeal from
Chief Magistrate's Court at Kikuyu
null
Jurisdiction invoked
First appellate jurisdiction of the High Court over appeals from the Chief Magistrate's Court (not expressly stated in the ruling)

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, "David Njuguna Wangari v Habil Eshifandi Nandi", Case Analysis (2026). HCCA No. E421 of 2023. Source:

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