Roria (Deceased) Represented by Grace Warii Roria (Administrator Ad Litem) v City Council of Nairobi (Environment and Land Appeal E009 of 2025) [2026] KEELC 5168 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled a magistrate wrongly struck out a case on procedural technicalities and ordered it heard on its merits.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Learned Magistrate erred in law and fact in dismissing the Appellant's application dated 13.6.2025 on procedural technicalities instead of determining the same on its merits
- 2.Whether the Appellant is entitled to the reliefs sought
Key legal issues
#Whether striking out the application on the ground that it was brought by way of a miscellaneous application amounted to undue regard to procedural technicalities
Yes. The trial magistrate erred in law in striking out the application dated 13.6.2025 on procedural technicalities; the transfers and renumbering of the file were purely administrative acts of the registry staff, and the application was denied a determination on its merits contrary to natural justice and Article 159(2)(d)
The affidavit evidence demonstrated the history and movement of the file - its loss, reconstruction and recovery - with the transfer and renumbering being purely administrative acts by registry staff that did not affect the substance of the pleadings. Had the files been called for and placed before the trial magistrate, the application would have been determined otherwise. Article 159(2)(d) requires justice to be administered without undue regard to procedural technicalities, and striking out is a last resort.
Whether proceedings instituted against a deceased person and all consequential orders arising therefrom are a nullity in law
Not determined; the substantive issue was remitted for hearing on merits because this court did not have the benefit of interacting with all the files touching the subject matter
Although the appellant argued that the suit against Karanja Roria, who died eleven years before suit, was a nullity ab initio rendering the default judgment, auction sale, vesting orders and title incurably bad, the appellate court lacked the underlying files and declined to conclusively determine the question, remitting the application instead.
Legal principles established
#- An appellate court will interfere with a trial magistrate's finding where the court misdirected itself, arrived at a wrong decision, or wrongly exercised its discretion occasioning a miscarriage of justice
- Striking out pleadings is a drastic step that should be a measure of last resort
- Costs follow the event, though the court retains discretion in awarding costs
Court orders
#- 1.The Appeal is meritorious and is hereby allowed
- 2.The ruling of the learned Trial Magistrate (Hon P Achieng-CM) delivered on 23rd October 2025 is hereby set aside in its entirety
- 3.The matter is remitted to the Chief Magistrate's Court Milimani (Environment and Land Division) for hearing and determination of the application dated 13.6.2025 on merits before a magistrate clothed with jurisdiction other than Hon P Achieng (CM)
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Chief Magistrate's Court, Milimani (Environment and Land Division)
- MCELC Misc. Cause No. E181 of 2025
- Jurisdiction invoked
- First appellate jurisdiction over the subordinate court's ruling (suing in the Environment and Land Court)
Relief refused
#Substituting the trial court's ruling with an order striking out Nairobi City County Civil Case No. 5 of 2013 as a nullity ab initio and setting aside the default judgment and all consequential orders
The court could not conclusively determine whether proceedings against a deceased person are a nullity without interacting with all the files touching the subject matter, and instead remitted the application for hearing on merits
Costs
Costs follow the event; the appeal was allowed but no express costs order appears in the final orders (the court invoked Jasbir Singh Rai that costs follow the event and that the court has discretion in awarding costs)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Appeal is meritorious and is hereby allowed.
The ruling of the learned Trial Magistrate (Hon P Achieng-CM) delivered on 23rd October 2025 is hereby set aside in its entirety.
The matter is remitted to the Chief Magistrate's Court Milimani (Environment and land Division) for hearing and determination of the application dated 13.6.2025 on merits before a magistrate clothed with jurisdiction other than Hon P Achieng (CM).
The learned trial magistrate therefore erred in law in striking out the Application dated 13.6.2025 on procedural technicalities, contrary to the dictates of natural justice.
Striking out pleadings is a drastic step, which should be a measure of last resort and should be in rare and extremely exceptional cases.
Issues in the judgment
#Judgment states the Respondent was granted leave to file submissions on '3rd June 2026 and 8.7.2026', dates in 2026 while submissions by the Appellant are dated 10th March 2026 and the appeal itself is against a ruling of 23rd October 2025; the chronology is internally inconsistent
Judgment inconsistently describes itself as sitting as a first appellate court while quoting the Selle passage which refers to an appeal from the High Court
Grounds of appeal refer to 'Milimani Misc. Civil Application No. 04 of 2025' while the impugned cause is registered as MCELC Misc. Cause No. E181 of 2025; the numbering history is confusingly narrated
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Roria (Deceased) Represented by Grace Warii Roria (Administrator Ad Litem) v City Council of Nairobi (Environment and Land Appeal E009 of 2025) [2026] KEELC 5168 (KLR)", Case Analysis (2026). Appeal from Millimani MCELC Misc. Cause No. E181 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5168/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.