https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4349
The defendants failed to appear despite the matter being called out twice and also failed to comply with court directions; on that basis, the court dismissed the counterclaim with costs to the plaintiff and marked the file closed.
Source-derived case information.
- Citation
- [2026] KEELC 4349 (KLR)
- Parties
- 1st Plaintiff: Calvince Omondi Kabongo; 2nd Plaintiff: Kennedy Kabongo; 3rd Plaintiff: Denis Ouma Kabongo; 1st Defendant: Selemiah Okinyi Ogola; 2nd Defendant: Kennedy Odhiambo Oketch
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Originating Summons E010 of 2026
- Procedural Posture
- Land Originating Summons / Counterclaim / Ruling on Non Compliance and Absence; Counterclaim Dismissed
- Outcome
- Counterclaim dismissed with costs to the plaintiff.
- Judges
- ["JW Wanyonyi"]
- Legal Topics
- Dismissal for Non Attendance, Failure to Comply With Court Directions, Transfer for Want of Jurisdiction, Counterclaim
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Calvince Omondi Kabongo
1st Plaintiff
Kennedy Kabongo
2nd Plaintiff
Denis Ouma Kabongo
3rd Plaintiff
Selemiah Okinyi Ogola
1st Defendant
Kennedy Odhiambo Oketch
2nd Defendant
Procedural Posture
Land Originating Summons / Counterclaim / Ruling on Non Compliance and Absence; Counterclaim Dismissed
Legal Issues
- 1 Whether the counterclaim should proceed in the face of repeated absence by the defendants
- 2 Whether failure to comply with court directions justified dismissal of the counterclaim
- 3 Effect of non-compliance with Order 11 directions
Ratio Decidendi
The defendants failed to appear despite the matter being called out twice and also failed to comply with court directions; on that basis, the court dismissed the counterclaim with costs to the plaintiff and marked the file closed.
Court Disposition
Counterclaim dismissed with costs to the plaintiff.
Orders
- Counterclaim dismissed with costs to the plaintiff.
- File marked as closed.
Full Case Text
Judgment text and source record
1 paragraphs
Kabongo & 2 others v Ogola & another (Land Originating Summons E010 of 2026) [2026] KEELC 4349 (KLR) (14 July 2026) (Ruling) Neutral citation: [2026] KEELC 4349 (KLR) Republic of Kenya In the Environment and Land Court at Homa Bay Land Originating Summons E010 of 2026 JW Wanyonyi, J July 14, 2026 Between Calvince Omondi Kabongo 1st Plaintiff Kennedy Kabongo 2nd Plaintiff Denis Ouma Kabongo 3rd Plaintiff and Selemiah Okinyi Ogola 1st Defendant Kennedy Odhiambo Oketch 2nd Defendant Ruling 1.This matter was transferred from Ndhiwa Court to this Court on 13th January 2026 on account of Jurisdiction. 2.The plaintiff had filed a suit against the Defendant where they sought for Orders of eviction amongst other prayers. 3.However, in the Course of proceedings before the lower Court on 18th June 2025, the plaintiff withdrew his Suit and the Counter claim was moved to this Court. 4.On 5th February 2026, Anyango Advocate for the Plaintiff was present while the Defendants were absent. 5.The Court then gave a mention on 8th May 2026 and directed Counsel to effect Service. 6.On 8th May 2026, Counsel was present and all the defendants were also present. The Court then gave one month to comply with Order 11 and rescheduled the matter to 14th July 2026. 7.Today, the matter has been called out twice and seemingly there is no response from the defendants. The defendants have also failed to comply with the Court directions. 8.For the reason of absence and non- compliance, I proceed to dismiss the Counter claim with Costs to the plaintiff. This file is marked as closed. RULING, DATED AND DELIVERED VIRTUALLY AT HOMA BAY VIA TEAMS PLATFORM THIS 14TH DAY OF JULY 2026 IN OPEN COURT.In the presence of;Anyango for the plaintiff-Present1st, 2nd and 3rd defendants in person-Absent.Ms. Bosibori, court assistant.JUSTICE JOHN WALTER WANYONYI -JUDGE