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ELCPartially AllowedNot stated in the judgment

Waqf Commissioners of Kenya v Koenecke & 11 others (Environment and Land Case E030 of 2024) [2026] KEELC 544 (KLR)

Environment and Land Court
4 February 2026
MNMwangi Njoroge
860 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Malindi court excused a late application, allowing an amended land dispute claim because counsel's paternity leave and travel legitimately caused the delay.

What this practically means

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Executive summary

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This was a ruling on the plaintiff's notice of motion dated 11th August 2025 at the Environment and Land Court, Malindi, before Mwangi Njoroge J. The plaintiff sought extension of time to file the application, leave to amend its plaint as per an annexed draft amended plaint, that the draft be deemed duly filed and served, and costs in the cause. The application was supported by the affidavit of Ibrahim Mohamed Bulushi, the plaintiff's secretary, who explained that the 21 days granted by the court to regularize or amend pleadings lapsed on 19th June 2025; counsel for the plaintiff had proceeded on paternity leave in May 2025, and being a sole proprietor, could not assign the work to other advocates, while the deponent himself had travelled to China, resuming duties on 4th August 2025. The 1st to 5th and 9th defendants opposed via grounds of opposition and submissions, contending that the application relied on the wrong provision (Order 50 Rule 5 CPR), that no sufficient reasons were given for the delay, that counsel's inaction and the plaintiff's confusion warranted no further indulgence, and that the cumulative conduct amounted to abuse of court process contrary to the overriding objective in sections 1A and 1B of the Civil Procedure Act. The 10th defendant did not participate. The court found counsel's explanation sound and corroborated by annexures, held the client could not suffer for counsel's omission, and found the proposed amendments proper. The court allowed prayers 1 and 2 of the application, ordered the plaintiff to bear the costs, directed service of the draft amended plaint within 7 days, and set a pretrial mention for 14th April 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the plaintiff has given sufficient reasons for the delay in filing the application beyond the 21 days granted by the court to regularize or amend pleadings
  2. 2.Whether the plaintiff should be granted extension of time to file the application and leave to amend the plaint as per the draft amended plaint

Key legal issues

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01

Whether the delay in filing the application for leave to amend the plaint should be excused and time extended

Holding

The court found the reasons given (counsel's paternity leave, sole proprietorship practice, and the deponent's travel to China) sufficient and extended time, allowing prayers 1 and 2 of the application.

Reasoning

The court considered the grounds in the supporting affidavit, found counsel's reason sound and supported by annextures, and held that since the client was relying on counsel's services, the plaintiff could not be made to suffer for the counsel's omission. The court then examined the proposed amendments and found they should be allowed in the interest of determining the real questions in controversy.

p. 2

Legal principles established

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  • Where counsel gives a good and demonstrable ground for failure to act within the time fixed by the court, the client who relied on the counsel's services is excused and will not be made to suffer for the omission of his counsel.

Court orders

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  1. 1.Extension of time to the plaintiff to file the present application (prayer 1 of the application dated 11th August 2025)
  2. 2.Leave granted to the plaintiff to amend their plaint as set out in the draft amended plaint (prayer 2 of the application)
  3. 3.Costs of the application to be borne by the plaintiff
  4. 4.The draft amended plaint to be served upon all the other parties within 7 days of the order
  5. 5.Matter to be mentioned on 14th April 2026 for pretrial

The bench

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One judgment of the whole court — no separate or dissenting opinions.

MN
majority

Wrote the judgment

Jurisdiction invoked
Inherent and case-management powers of the Court under the Civil Procedure Act (sections 1A and 1B invoked by the parties) to regulate its own process, including extension of time and amendment of pleadings

Relief refused

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Costs of the application against the defendants

The court directed that the plaintiff, who is in charge of his case and determines who to sue or drop, shall bear the costs of the application.

p. 3

Costs

The costs of the application shall be borne by the plaintiff. The draft amended plaint shall be served on all parties within 7 days; mention on 14th April 2026 for pretrial. It is so ordered.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

As counsel has given a good ground for his failure to act within the required time and the client was relying on his services, the plaintifi is also excused and cannot be held to sufier for the omission of his counsel in this particular case.
p. 2Excusable delay - client not to suffer for counsel's omission
Consequently, I allow the application in terms of prayers number 1, and 2 thereof.
p. 2Disposition - extension of time and leave to amend plaint
The costs of the application shall be borne by the plaintifi who has charge of his case and who is the one determining who to sue and who to drop from the case.
p. 3Costs of the application
The draft amended plaint shall be served upon all the other parties within 7 days of this order. The matter shall be mentioned on 14th April 2026 for pretrial.
p. 3Service of amended plaint and pretrial mention

Issues in the judgment

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minor

Case number and neutral citation are not stated anywhere in the judgment.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Waqf Commissioners of Kenya v Koenecke & 11 others (Environment and Land Case E030 of 2024) [2026] KEELC 544 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/544/eng@2026-02-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.