Muntukei v Magana Holdings Limited & another [2025] KEELC 5244 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 796 of 2017
Judge
MD Mwangi
The court struck out a review application against dismissal of a suit, holding it was filed under the wrong procedure and should have been brought under Order 17 rule 6.
Venture Holdings Limited v Kivuka (for the Estate of Grace Wanjiku Koni) [2025] KEELC 3978 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 88 of 2019
Judge
CG Mbogo
The Environment and Land Court set aside an earlier dismissal for non-attendance, accepted illness as sufficient cause, and reinstated the suit, with costs awarded to the defendant.
The court found that the summary dismissal of the appeal was erroneous because the applicant had, in fact, been granted leave to file the appeal out of time, but failed to attach the order granting such leave to the record. The omission was a genuine mistake and not an act of negligence. The court held that sufficient cause had been demonstrated for review of its earlier order, and that justice required the applicant not be shut out on account of a procedural lapse. The application for review was therefore allowed, the dismissal set aside, and the appeal reinstated. Each party was ordered to…
Karioki v Teachers Service Commission [2024] KEELRC 1454 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause E600 of 2023
Judge
J Rika
The court held that the claim was filed outside the three-year limitation period and that a later review request did not renew time. The preliminary objection was sustained.
Nyachoti & Co Advocates v Giriama Ranching Co Ltd [2020] KEHC 3290 (KLR)
Court
High Court
Case number
Miscellaneous Application 237 of 2019
Judge
MW Muigai
The court found that the applicant's failure to attend court on 20th November 2019 was due to an inadvertent misdiarization of the date, which constituted a reasonable and excusable mistake. The court held that the issue of whether a retainer existed between the advocate and client was central to the taxation of costs and should be determined on its merits before the taxation proceeds. The court emphasized that the actions or omissions of counsel should not be visited on the client, and that denying a party a hearing should be a last resort. Applying the overriding objective and relevant lega…
Kenya Plantation & Agricultural Workers Union (K.P.A.W.U) v Kionyo Tea Factory [2019] KEELRC 75 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 6 of 2019
Judge
AN Makau
The court dismissed a review application after holding that the underlying claim was time-barred under section 90 of the Employment Act and could not be revived.
Patrick Musa Katiku v Regina Ngii Tumbo, Francis Mutisya Tumbo & Christopher Musembi Mutiso [2019] KEELC 4503 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 17 of 2014
Judge
OA Angote
The court set aside a dismissal entered after non-attendance, accepting that counsel likely mis-diarized the hearing date and reinstated the suit for hearing.
Patrick Menge Maragia v Kenya Kazi Services Limited [2018] KEELRC 586 (KLR)
Court
Employment and Labour Relations Court
Case number
Cause 18 of 2013
Judge
MSA Makhandia
The court dismissed an application to review or vary a dismissal order, holding that settlement talks and alleged counsel mistake did not excuse non-compliance with court orders.
Republic v The District Land Registrar, Uasin Gishu & E.A.C.C. I.P. Chemey Investments Ltd [2014] KEHC 7096 (KLR)
Court
High Court
Case number
Judicial Review 39 of 2010
The High Court set aside a dismissal for non-attendance in a judicial review matter, accepted the advocate’s explanation for absence, and reinstated the application.