https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5311
The application was dismissed because the applicants failed to attend court to prosecute it, gave no explanation for their absence, and had allowed it to remain pending since February 2025. The court held that this unexplained delay was incompatible with Article 159(2)(b), Article 10, and the governing procedural...
Source-derived case information.
- Citation
- [2026] KEELC 5311 (KLR)
- Parties
- 1st Plaintiff/applicant: Simion Barno; 2nd Plaintiff/applicant: Stanley Kilel; 3rd Plaintiff/applicant: Gilbert Sitienei; Defendant/respondent: DCI Nandi South
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E011 of 2025
- Procedural Posture
- Environment and Land Miscellaneous Application / Ruling on Notice of Motion for Transfer; Application Dismissed for Non Prosecution
- Outcome
- Application dismissed
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Transfer of Suit, Dismissal for Want of Prosecution, Delay in Litigation, Adverse Possession, Access to Justice and Expeditious Disposal, Equity and Laches
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simion Barno
1st Plaintiff/applicant
Stanley Kilel
2nd Plaintiff/applicant
Gilbert Sitienei
3rd Plaintiff/applicant
DCI Nandi South
Defendant/respondent
Procedural Posture
Environment and Land Miscellaneous Application / Ruling on Notice of Motion for Transfer; Application Dismissed for Non Prosecution
Legal Issues
- 1 Whether the applicants' motion seeking transfer of Eldoret ELCC No. 365 of 2016/2019 to Kapsabet Chief Magistrates Court should be granted
- 2 Whether the applicants' unexplained absence and delay justified dismissal of the application
- 3 Whether constitutional and procedural principles on expeditious justice and case management supported dismissal
Ratio Decidendi
The application was dismissed because the applicants failed to attend court to prosecute it, gave no explanation for their absence, and had allowed it to remain pending since February 2025. The court held that this unexplained delay was incompatible with Article 159(2)(b), Article 10, and the governing procedural framework, and therefore the motion deserved dismissal.
Court Disposition
Application dismissed
Orders
- The Notice of Motion dated 24th February 2025 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAPSABET** **ELCL.MISC. NO. E011 OF 2025** **SIMION BARNO ............................................ 1ST PLAINTIFF /APPLICANT** **STANLEY KILEL .............................................2ND PLAINTIFF /APPLICANT** **GILBERT SITIENEI ....................................... 3RD PLAINTIFF /APPLICANT** **VERSUS** **DCI NANDI SOUTH ............................... DEFENDANT/RESPONDENT** **RULING** 1. The three applicants through Kipkorir, Kipkorir and Company Advocates generated the application by a Notice of Motion dated 24th February 2025 seeking the orders infra; 2. Moot 3. Moot 4. That, the Honorable Court be pleased to call to this Honorable Court **ELDORET case E&L 365 of 2019** for purpose of transferring the same to Kapsabet Chief Magistrates Court for hearing and determination. 5. That, the cost of this application be provided for. 6. That, this Honorable Court do issue such other orders as it deems fit in the interests of justice. 7. The anchorage of the application is the 1st applicant’s affidavit of fourteen paragraphs sworn on even date by the 1st applicant alongside seven grounds, inter alia; 8. The applicant's claim on the subject matter **Nandi/Kapkolei/Legemeet/125, 126 and 127** being allocated by the government in 1998. 9. The applicant's further claim on the subject matter under adverse possession since they have been in uninterrupted possession for more than 12 years. 10. There is need to have **Eldoret case E & L 365 of 2019** transferred to this honourable court. 11. Principally, the applicants seek the transfer of Eldoret ELCC No. 365 of 2016 to this court as stated in paragraph 1 (c) hereinabove. There is a copy of a plaint in that suit and other documents accompanying the affidavit in support of the application. 12. The application is set for hearing. However, the applicants without any reason, are absent to prosecute it. 13. Ms. M Odeyo learned counsel for the respondent has implored the court to dismiss the application. 14. It notable that the application has been pending in court since February 2025 inconsistent with **Article 159 (2) (b) of the Constitution of Kenya 2010** which provides; ***Justice shall not be delayed*** 1. Moreover, this court is bound by the principles of equity enshrined in Article 10 of the Constitution of Kenya 2010 that delay defeats equity and equity aids the vigilant and not the indolent, among others. 2. Clearly, the applicants have demonstrated inexcusable laxity in the hearing and disposal of this application; see also **Njenga & another vs Dean & 7 others {2025} KEHC 9219 (KLR).** 3. Order 9 Rule 22 of the Civil Procedure Rules 2010 provides for dismissal of such an application or suit, Therefore, striking a balance with both Articles 10 and 159 (2) (supra) and sections 3 and 19 of the Environment and Land Court Act 2015 (2011) herein, I find that the application yearns for dismissal in the circumstances. 4. Thus, the entire application dated 24th February 2025 be and is hereby dismissed with no orders as to costs. 5. It is so ordered. **Dated** and **Delivered** at **Kapsabet** this **22nd Day of July, 2026.** **HON. G M A ONGONDO** **JUDGE** **In the presence of;** 1. Ms. M. Odeyo learned counsel for the Respondent 2. Mr. Walter Kipkorir, Court Assistant