The Environment and Land Court in Isiolo has ruled that technological disruptions are not grounds to dismiss a case, addressing inevitable challenges posed by the adoption of virtual hearings.

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In a judgment delivered on June 19, reviewed by Kenyans.co.ke , Justice Oguttu Mboya overturned a magistrate’s decision to dismiss a land dispute case for non-attendance after neither party responded during a virtual hearing in November 2025.

The matter arose after a lawyer’s participation in a virtual hearing was interrupted by a temporary power outage, prompting a magistrate to dismiss the case and subsequently reject an application for its reinstatement.

The court confirmed that the plaintiff’s lawyer had explained that she had already joined the online session and was addressing the court when a brief power outage caused her connection to drop.

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“Learned counsel swore an elaborate affidavit and indicated that same had logged onto the court platform [virtual] but her call dropped because of power outage,” the judgement read.

The judge found that the lower court failed to adequately consider the advocate’s explanation, thus improperly exercising its discretion by dismissing the suit and later rejecting its reinstatement.

“I am duly persuaded that the Learned Trial Magistrate did not properly and judiciously exercise her discretion. On the contrary, I find and hold that the Learned Trial Magistrate failed to take into account material issue[s] which were pertinent in assessing the bona fides of the application beforehand,” the judge stated.

Additionally, the court held that the magistrate relied on the wrong legal provisions in dismissing a matter that had already been partly heard, noting that Order 12 Rule 3 of the Civil Procedure Rules, 2010, applies where only the defendant is present when a case is called for hearing.

The court reinstated the land dispute, emphasising that disputes involving land should, as far as possible, be determined on their merits rather than being terminated on procedural grounds.

Consequently, the matter was ordered to proceed before a different magistrate and be heard on a priority basis.

📰 Source: Kenyans.co.ke