Kenya Case Law

Mwangi v Chege & 5 others

Mwangi v Chege & 5 others [2025] KEELC 5381 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E014 of 2024

Judge

A Ombwayo

The court found that although the appeal and submissions were filed one day late, the delay was not inordinate or deliberate and was occasioned by circumstances beyond the applicant's control, including delay in obtaining typed proceedings and technical difficulties. The court held that it retains discretion under Sections 79G and 95 of the Civil Procedure Act to admit documents out of time where sufficient cause is shown. The doctrine of functus officio does not preclude the court from exercising this discretion in procedural matters, especially where the right to be heard is at stake and no…

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• Extension Of Time
• Reinstatement Of Appeal
• Procedural Default
• Right To Be Heard
• Court Discretion

Kiptoo Cheboi (Deceased) v Bisher & others

Kiptoo Cheboi (Deceased) v Bisher & others [2025] KEHC 10175 (KLR)

Court

High Court

Case number

Civil Appeal 131 of 2011

Judge

RN Nyakundi

The High Court at Eldoret dismissed an application to set aside a 2014 dismissal order and reinstate an appeal, citing unexplained delay and a pending fresh appeal.

• Reinstatement Of Appeal
• Dismissal Orders
• Delay In Filing
• Mistake Of Advocate
• Reinstatement-of-appeal
• Dismissal-orders

Macharia v CIM Investment Limited & another

Macharia v CIM Investment Limited & another [2025] KEHC 9992 (KLR)

Court

High Court

Case number

Civil Appeal 222 of 2020

Judge

AC Mrima

The High Court reinstated an appeal dismissed for want of prosecution, finding the appellant had not been given a fair opportunity to be heard before dismissal.

• Dismissal For Want Of Prosecution
• Reinstatement Of Appeal
• Right To Fair Hearing
• Dismissal-for-want-of-prosecution
• Reinstatement-of-appeal
• Right-to-fair-hearing

Odhoch v Odera

Odhoch v Odera [2025] KEHC 10066 (KLR)

Court

High Court

Case number

Family Appeal E019 of 2022

Judge

H Namisi

The High Court dismissed an application to reinstate an appeal, holding that the appellant had delayed prosecution for years and offered no cogent explanation.

• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Delay In Prosecution
• Service Of Record Of Appeal
• Reinstatement-of-appeal
• Dismissal-for-want-of-prosecution

Fidelity Shield Insurance Comapny Limited v Architects & another

Fidelity Shield Insurance Comapny Limited v Architects & another [2025] KEHC 9989 (KLR)

Court

High Court

Case number

Civil Appeal E502 of 2024

Judge

AC Mrima

The High Court reinstated an appeal dismissed for want of prosecution, holding that delay in obtaining proceedings and prompt action justified relief.

• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Judicial Discretion
• Fair Trial Rights
• Reinstatement-of-appeal
• Dismissal-for-want-of-prosecution

Edward & another v Wahome (Suing as the Legal Representative of the Estate of Lucy Seben)

Edward & another v Wahome (Suing as the Legal Representative of the Estate of Lucy Seben) [2025] KEHC 9523 (KLR)

Court

High Court

Case number

Civil Appeal E045 of 2024

Judge

AN Ongeri

The court found that the appellants' non-attendance was occasioned by a bona fide mistake of their former counsel, who failed to inform them of the pending appeal after leaving employment. The court held that such an inadvertent error should not deprive the appellants of their right to be heard, especially as they acted promptly upon discovering the mistake. The court emphasized the overriding objective of administering substantive justice without undue regard to procedural technicalities, as enshrined in Article 159(2)(d) of the Constitution and the Civil Procedure Act. The court further not…

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• Reinstatement Of Appeal
• Stay Of Execution
• Mistake Of Counsel
• Procedural Fairness
• Costs Award

M’Ndaka v Jambo & another

M’Ndaka v Jambo & another [2025] KEHC 9636 (KLR)

Court

High Court

Case number

Civil Appeal E042 of 2023

Judge

LN Mutende

The High Court dismissed an application to reinstate a struck-out civil appeal, finding no sufficient cause and noting delay, non-service, and acceptance of settlement cheques.

• Reinstatement Of Appeal
• Setting Aside Orders
• Natural Justice
• Court Discretion
• Reinstatement-of-appeal
• Setting-aside-orders

Tegere v Chacha

Tegere v Chacha [2025] KEELC 5312 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E005A of 2020

Judge

MN Kullow

The court found that the applicant's failure to properly file the Record of Appeal was directly attributable to an error by the court registry, not to any deliberate or negligent act by the applicant. The court held that it would be unjust to penalize the applicant for a mistake of the registry, and that the interests of justice required the setting aside of the dismissal order and the readmission of the appeal. The court exercised its discretion under Order 12 Rule 7 of the Civil Procedure Rules, guided by the principle that such discretion is intended to avoid injustice or hardship resultin…

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• Setting Aside Orders
• Reinstatement Of Appeal
• Court Registry Errors
• Exercise Of Discretion
• Appeal Procedure

Abayo v Onong’o

Abayo v Onong’o [2025] KEHC 9334 (KLR)

Court

High Court

Case number

Civil Appeal E107 of 2024

Judge

A Mabeya

The High Court at Kisumu set aside an ex parte dismissal of an appeal, accepted counsel’s explanation for non-attendance, reinstated the appeal, and awarded costs of KES 5,000.

• Setting Aside Ex Parte Orders
• Reinstatement Of Appeal
• Mistake Of Counsel
• Exercise Of Judicial Discretion
• Setting-aside-ex-parte-orders
• Reinstatement-of-appeal

Migot v Otieno (Sued as the Legal Representative of the Estate of Jemima Akinyi Oyare, Deceased)

Migot v Otieno (Sued as the Legal Representative of the Estate of Jemima Akinyi Oyare, Deceased) [2025] KEELC 4847 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal 57 of 2019

Judge

SO Okong'o

The court set aside a dismissal for want of prosecution and reinstated the appeal, finding no record discrepancy but allowing the appellant another chance to show cause.

• Reinstatement Of Appeal
• Dismissal For Want Of Prosecution
• Exercise Of Judicial Discretion
• Notice To Show Cause
• Dismissal-for-want-of-prosecution
• Reinstatement-of-appeal