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ELCStruck OutELC Case No. 21 of 2025· [2026] KEELC 6240 (KLR)

Penina Nkirote (Suing on behalf of Ngaku Mariene Deceased) v James M'Itonga Mirianga

Environment and Land Court
6 October 2026
BEB M Eboso
262 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Meru court struck out a land dispute application because it was filed years before the order it tried to reverse, though the applicant can try again properly.

What this practically means

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Executive summary

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This ex-tempore ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) dealt with the plaintiff's application dated 5/12/2022, by which she sought to set aside the court's order of 6/10/2025 and to reinstate her application allegedly dated 14/7/2025. The court perused the record and found that the order of 6/10/2025 had dismissed, for non-attendance, the plaintiff's amended notice of motion dated 19/5/2025 - not any application dated 14/7/2025. The plaintiff's premise was therefore factually mistaken. The court further held that an application dated 5/12/2022 could not be the instrument for reviewing a dismissal order made on 6/10/2025, since it predated the order by nearly three years. On those two grounds the court struck out the application dated 5/12/2022 with no order as to costs, while granting the applicant liberty to bring a competent application for appropriate redress. Notable features include the date anomalies (a 2022-dated application in a 2025 case, and a ruling delivered on 6 October 2026 addressing an order of 6 October 2025) and the appearance of counsel for an Interested Party who is not named in the title. No authorities or statutes were cited.

Key legal issues

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01

Identity of the order dismissed on 6/10/2025

Holding

The dismissal related to the amended notice of motion dated 19/5/2025, not any application dated 14/7/2025

Reasoning

The court perused the record and quoted the order of 6/10/2025, which expressly dismissed the application dated 19/5/2025 for non-attendance. On that basis the plaintiff's premise that a 14/7/2025 application was dismissed was factually wrong.

p. 2
02

Competence of the 5/12/2022 application as a vehicle for review

Holding

An application dated 5/12/2022 cannot be used to review an order made on 6/10/2025; it was struck out

Reasoning

The application predates by nearly three years the order it sought to set aside, so it could not have been brought under any provision for review or setting aside. The court struck it out but left the applicant free to file a competent application.

p. 2

Legal principles established

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  • A party aggrieved by a dismissal for non-attendance must move by a competent application; an application predating the order cannot be the instrument for its review

Court orders

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  1. 1.The application dated 5/12/2022 is struck out with no order as to costs
  2. 2.The applicant is at liberty to bring a competent application for appropriate redress
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court (not expressly invoked in the ruling)

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, "Penina Nkirote (Suing on behalf of Ngaku Mariene Deceased) v James M'Itonga Mirianga", Case Analysis (2026). ELC Case No. 21 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6240/eng@2026-10-06

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