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Kenya decisions
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Odhoch v Odera [2025] KEHC 10066 (KLR)
The High Court dismissed an application to reinstate an appeal, holding that the appellant had delayed prosecution for years and offered no cogent explanation.
Newfortis Sacco Society Limited v Gatangi [2025] KECPT 332 (KLR)
The Tribunal declined to set aside its earlier dismissal order, finding no sufficient excuse for non-attendance or delay and noting the long pendency of the suit.
Njenga & another v Dean & 7 others [2025] KEHC 9219 (KLR)
The High Court declined to set aside a dismissal for non-attendance, finding the Applicants had not explained a nearly three-year delay in seeking reinstatement.
Maina v Aranga & another [2025] KECPT 348 (KLR)
The Cooperative Tribunal dismissed a motion to strike out a claim for want of prosecution, finding the one-year delay was excusable because of registry system problems.
Oloo v Sweta & 5 others [2025] KEELC 4739 (KLR)
The court revived an abated suit after finding sufficient cause for an eight-year delay, substituted the deceased plaintiff with the administrator, and allowed amendment.
Kapseret AM Sacco & another v Kisambo [2025] KEHC 8607 (KLR)
The court found that the appellants failed to diligently prosecute the appeal, having written only one follow-up letter in two years and failing to comply with a consent order to file and serve the record of appeal within 45 days. The court held that the delay was inordinate and unjustified, and that the appellants did not provide credible evidence of consistent follow-up or seek further directions from the court. The court further held that, even though directions had not been given, it had inherent jurisdiction to dismiss the appeal for want of prosecution to prevent abuse of process and en…
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Levs Trading Company Limited v Sibolo [2025] KEELRC 1794 (KLR)
The court declined to dismiss the appeal for want of prosecution, finding the delay was linked to unavailable typed proceedings and not wholly the appellant’s fault.
Asuma v ARM Cement Limited (Under Liquidation) [2025] KEELRC 1782 (KLR)
The court dismissed an employment claim for want of prosecution after finding the claimant had delayed unreasonably in seeking consent to proceed against a company in liquidation.
Mwangi v Gathoga (Suing as the Legal Representative of the Estate of Herman Gathoga Ndirangu - Deceased) [2025] KEHC 8558 (KLR)
The High Court in Nakuru dismissed a 1993 appeal for want of prosecution, finding the appellant had taken no steps for decades and that costs should follow.
Mogayi v Chepkemoi & 8 others [2025] KEELC 4472 (KLR)
The court found that although the applicant delayed in prosecuting the suit and only sought reinstatement two years after dismissal, she provided an explanation for the delay, namely lack of representation and lack of knowledge of the dismissal. The court noted that the respondents did not articulate any prejudice they would suffer if the suit is reinstated. The court emphasized that dismissal for want of prosecution is a drastic measure and should be reserved for the most hopeless cases. Given the applicant's desire to prosecute the suit and the absence of demonstrated prejudice to the respo…
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