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MagistrateAllowedMiscellaneous Civil Application No. E242 of 2021

Chepkemoi v County Government of Nakuru (Miscellaneous Civil Case E242 of 2021) [2026] KEMC 400 (KLR)

Chief Magistrate's Court at Nakuru (Employment and Labour Relations Court)
30 July 2026
ANAloyce-Peter Ndege
563 words in judgment
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The bottom line

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A Nakuru court reinstated a worker's claim dismissed after she missed a hearing, because her absence was explained and not deliberate.

What this practically means

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Executive summary

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This is a ruling on an application for reinstatement dated 3rd September 2025 by Catherine Chepkemoi against the County Government of Nakuru, seeking to set aside a dismissal order dated 13th March 2024 in Miscellaneous Application No. E242 of 2021, which sought to enforce a director's award arising from injuries she sustained in the course of employment. The applicant explained that she attended court on 26th January before Honourable Kefa but the matter did not proceed and no directions were given; she thereafter made several visits to the court registry, requested a hearing date, and wrote to the registry severally, only learning of the dismissal after the fact. The application was brought under Order 12 Rule 7 of the Civil Procedure Rules, which empowers the court to set aside a dismissal on such terms as may be just. The court applied the well-settled principles in Shah v Mbogo, that the discretion is to be exercised to avoid injustice or hardship from accident, inadvertence or excusable mistake, but not to assist a party who deliberately obstructed or delayed justice. Considering the explanation for non-attendance, the period of delay, and the prejudice to the parties, the court found the failure to attend sufficiently explained, found no deliberate obstruction, and held that the need to determine disputes on their merits favoured reinstatement. The dismissal order was set aside, the suit reinstated for hearing on the merits, with costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant's failure to attend court when the suit was dismissed was sufficiently explained
  2. 2.Whether the dismissal order dated 13th March 2024 should be set aside and the miscellaneous application reinstated for hearing on the merits

Key legal issues

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Whether the dismissal of the suit for non-attendance should be set aside and the suit reinstated

Holding

The dismissal was set aside and the suit reinstated because the applicant's non-attendance was sufficiently explained and there was no deliberate obstruction of justice.

Reasoning

The court applied the Shah v Mbogo principles on the exercise of discretion under Order 12 Rule 7. It considered the explanation for non-attendance, the period of delay, and the prejudice to the parties. It was satisfied that the failure to attend was explained, that the applicant had attended court on 26th January before Honourable Kefa but the matter did not proceed, and that she had made several visits to and written to the registry. There was no evidence of deliberate delay, and the court emphasized the need to determine disputes on their merits.

p. 4

Legal principles established

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  • The court's discretion under Order 12 Rule 7 to set aside a dismissal is exercised to avoid injustice or hardship from accident, inadvertence or excusable mistake, but not to assist a party who deliberately obstructed or delayed the course of justice.

Court orders

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  1. 1.The order dismissing the suit dated 13th March 2024 is set aside
  2. 2.The miscellaneous application is reinstated for hearing on the merits
  3. 3.Costs shall be in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

AN
Aloyce-Peter NdegeSenior Principal Magistrate
majority

Wrote the judgment

Jurisdiction invoked
Order 12 Rule 7 of the Civil Procedure Rules

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The order dismissing the suit is hereby set aside and the suit is reinstated for hearing on the merits. Costs shall be in the cause.
p. 4Final orders - reinstatement
This discretion is intended so to be exercised to avoid injustice or hardship resulting from accident, inadvertence, or excusable mistake or error, but is not designed to assist a person who has deliberately sought, whether by evasionn otherwise, to obstruct or delay the course of justice.
p. 3Principles for setting aside dismissal (Shah v Mbogo)
Guided by the foregoing principles and bearing in mind the need to determine disputes on their merits, I find that this is a proper case for the exercise of the Court's discretion in favour of the Applicant.
p. 4Discretion exercised in favour of the applicant

Issues in the judgment

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minor

The delivery date on the face of the ruling (30th July 2026) post-dates the application date of 3rd September 2025 but appears anomalous relative to the 2025-2026 timeline; also the quoted Shah v Mbogo passage contains the typographical error 'evasionn'.

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, "Chepkemoi v County Government of Nakuru (Miscellaneous Civil Case E242 of 2021) [2026] KEMC 400 (KLR)", Case Analysis (2026). Miscellaneous Civil Application No. E242 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/400/eng@2026-07-30

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