Reenah Kenya Limited v Mwamachi (Civil Appeal E005 of 2025) [2026] KEHC 7156 (KLR) (25 May 2026) (Ruling) Neutral citation: [2026] KEHC 7156 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CIVIL APPEAL E005 OF 2025 A MSHILA, J MAY 25, 2026 BETWEEN REENAH KENYA LIMITED .................................................................. APPELLANT AND PANTALEO NGURA MWAMACHI ................................................. RESPONDENT RULING 1. This Court issued a Notice to Show Cause against the Appellants for it to show cause why the Appeal should not be dismissed for want of prosecution. The Appellant had filed its Memorandum of Appeal on the 16/12/2025 and the Appellant had been given directions on the 23/01/2026. The directions were that the Record of Appeal be filed and served upon the Respondents. The appeal was then listed for mention for compliance and directions on 14/04/2026 and due to the non-attendance and noncompliance by the Appellant the Court issued the Notice to Show Cause and scheduled the same for hearing on 22/05/2026. 2. The matter was scheduled for Notice to Show Cause on 25/05/2026 and the Appellant though duly served was not in attendance when the matter was called out and upon perusal of the Court portal it was established that no Record of Appeal had been filed by the Appellant. 3. There being no plausible explanation given by the Appellants for failure to comply with directions and by its failure to be in attendance it can safely be implied that by its conduct the Appellant is thus not ready nor willing to prosecute the Appeal. 4. The statutory threshold set out under Order 17 Rule 2 of the Civil Procedure Rules is that a suit qualifies to be dismissed for want of prosecution if no application has been made or no step has been taken in the suit by either party for at least one year preceding the presentation of the application seeking dismissal of the suit. The Court must however, consider the reasons advanced for the delay or failure to prosecute the suit. The delay must be excusable, reasonable and with just cause. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7156/eng@2026-05-25 1
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5. On examination of the record it is clear that the matter herein has not been prosecuted since it was filed and the Appellant has also failed to comply with the directions as ordered. It can be safely implied that the Appellant is not interested in prosecuting the appeal as evidenced by the failure to file the Record of Appeal. 6. It is this Courts considered view that the Appellant is not interested in pursuing the Appeal to its logical conclusion and the Court is left with no option but to dismiss the appeal. Findings and Determination 7. For reasons of the forgoing the Notice to Show Cause is hereby sustained and the Appeal stands dismissed for want of prosecution. This Order shall obtain to HCCSCA E004 OF 2025 and HCCSCA E006 OF 2025. Orders accordingly DATED SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 25TH DAY OF MAY, 2026. HON. A. MSHILA JUDGE In the presence of: Millicent – Court Assistant N/A – by the parties https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7156/eng@2026-05-25 2
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