[2023] KEELC 882 (KLR)
The court found that the defendants, despite being represented by counsel who had formally come on record and having sufficient notice of the hearing date, failed to take the necessary steps to prepare for the hearing. The litigation history demonstrated a lack of seriousness by the defendants, as the suit had been...
Source-derived case information.
- Citation
- [2023] KEELC 882 (KLR)
- Parties
- Plaintiff: Lydia Wanjiku Ruenji; Defendant: Thomas Omwenga; Defendant: Daniel Sibwori; Interested Party: Florence Ouma Jangara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 609 of 2014
- Procedural Posture
- Environment and Land Case / Ruling on Case Management and Representation
- Outcome
- The case shall proceed at 2 pm on the same day in open court.
- Judges
- LN Mbugua
- Legal Topics
- Change of Advocates, Case Management, Adjournment of Hearing, Representation of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lydia Wanjiku Ruenji
Plaintiff
Thomas Omwenga
Defendant
Daniel Sibwori
Defendant
Florence Ouma Jangara
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Case Management and Representation
Legal Issues
- 1 Whether the defendants' counsel was properly on record for the hearing date.
- 2 Whether the defendants took appropriate steps to prepare for the hearing after change of advocates.
- 3 Whether the case should proceed despite defendants' lack of preparedness.
Ratio Decidendi
The court found that the defendants, despite being represented by counsel who had formally come on record and having sufficient notice of the hearing date, failed to take the necessary steps to prepare for the hearing. The litigation history demonstrated a lack of seriousness by the defendants, as the suit had been pending for eight years. The court exercised its discretion to direct that the case proceed as scheduled to prevent further delay and to uphold the principles of expeditious justice and effective case management.
Court Disposition
The case shall proceed at 2 pm on the same day in open court.
Orders
- The case shall proceed at 2 pm today in open court.
Full Case Text
Judgment text and source record
25 paragraphs
Ruenji v Omwenga & another; Jangara (Interested Party) (Environment & Land Case 609 of 2014) [2023] KEELC 882 (KLR) (14 February 2023) (Ruling)
Neutral citation: [2023] KEELC 882 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 609 of 2014
LN Mbugua, J
February 14, 2023
Between
Lydia Wanjiku Ruenji
Plaintiff
and
Thomas Omwenga
1st Defendant
Daniel Sibwori
2nd Defendant
and
Florence Ouma Jangara
Interested Party
Ruling
1. I have perused the file. I find that counsel Gekonge has formally been on record in this file since July 23, 2019 when he filed a notice of change of advocates to represent all the defendants. He was taking over from previous advocates known as Chumo Mburu advocates who had come on record for defendants via a notice of appointment of advocates filed on February 25, 2016.
2. Subsequent to the notice of change of advocate, Mr Gekonge appeared in court on July 25, 2019 where he addressed the court as follows:“I am not ready I was instructed the other day ……”The matter had come up for hearing on that day of July 25, 2019 but it had to be adjourned.
3. Mr Gekonge was to file an application dated January 25, 2022 seeking leave to cease acting of which the same was allowed on June 21, 2022.
4. The question is at what point did the counsel for 2nd & 3rd defendants get back instructions. It is pertinent to note that today’s hearing date was given on June 21, 2022. Thus the defendants ought to have given their instructions in good time so as to be ready for the hearing today.
5. From the analysis of the litigation history, it is apparent that defendants have not taken the proceedings herein with the seriousness the case deserves noting that the suit is now 8 years old. In the circumstances I direct that case shall proceed at 2 pm today in open court.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14THDAY OF FEBRUARY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Gekonge for 2nd and 3rd DefendantsNjiraini for Plaintiff1st Defendant