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Original judgment

The Kenya Hospital Association T/A The Nairobi Hospital v Rose Mwikali William & 2 others

Kenya Hospital Association t/a The Nairobi Hospital v William & 2 others (Civil Appeal E422 of 2024) [2026] KEHC 7364 (KLR) (Civ) (28 May 2026) (Ruling) Neutral citation: [2026] KEHC 7364 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E422 OF 2024 LP KASSAN, J MAY 28, 2026 BETWEEN THE KENYA HOSPITAL ASSOCIATION T/A THE NAIROBI HOSPITAL ................................................................................................ APPELLANT AND ROSE MWIKALI WILLIAM ........................................................ 1ST RESPONDENT CEDELLA KIMBAYA MWANGEMI ........................................... 2ND RESPONDENT THE LEE FUNERAL HOME LIMITED ..................................... 3RD RESPONDENT RULING 1. This is an appeal from dismissal of an application to reinstate a suit which was dismissed during a public holiday. I will not belabor more on this issue. Where a matter falls on a public holiday, nothing moves, no orders are issued because parties are not there to submit on the impending dismissal (in this case). 2. I shall reverse the lower Court’s decision and send back this file to the lower Court for further action. Each party shall bear own costs. DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 28TH DAY OF MAY 2026. HON L P KASSAN JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7364/eng@2026-05-28 1

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