Muembu v Islom (Civil Suit 26 of 2018) [2026] KEHC 5632 (KLR) (Family) (30 April 2026) (Ruling)

Muembu v Islom (Civil Suit 26 of 2018) [2026] KEHC 5632 (KLR) (Family) (30 April 2026) (Ruling)

The court found that the applicant's absence was due to work exigencies and that he should not be punished for his counsel's failure to attend. The court held that justice requires both parties to be heard and that no prejudice would be suffered by the respondent if the proceedings were set aside and the matter heard afresh.

Citation
[2026] KEHC 5632 (KLR)
Parties
Respondent: Abijah Muthoni Muembu; Applicant: Eustace Mutembei Islom
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Civil Suit 26 of 2018
Procedural Posture
Family Civil Suit / Ruling on Application to Set Aside Ex Parte Proceedings and Stay Judgment
Outcome
application allowed
Legal Topics
Setting Aside Ex Parte Proceedings, Stay of Proceedings, Right to Be Heard, Costs
Source Language
English
Family Law Civil Procedure Setting Aside Ex Parte Proceedings Stay of Proceedings Right to Be Heard Costs

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Parties

Abijah Muthoni Muembu

Respondent

Eustace Mutembei Islom

Applicant

Procedural Posture

Family Civil Suit / Ruling on Application to Set Aside Ex Parte Proceedings and Stay Judgment

Legal Issues

  1. 1 Whether the applicant has met the threshold for grant of an order of stay of proceedings
  2. 2 Whether sufficient cause has been shown to warrant setting aside the proceedings conducted ex parte

Ratio Decidendi

The court found that the applicant's absence was due to work exigencies and that he should not be punished for his counsel's failure to attend. The court held that justice requires both parties to be heard and that no prejudice would be suffered by the respondent if the proceedings were set aside and the matter heard afresh.

Court Disposition

application allowed

Orders

  • Proceedings of 2nd July 2025 set aside.
  • Applicant to pay respondent Kshs. 30,000 before the next hearing date, in default execution to issue.