Chesingei alias Joseph Kimutai Suter v County Land Registrar, Elgeyo Marakwet County & 2 others (Civil Application E057 of 2023) [2024] KECA 746 (KLR)
The bottom line
#The Court of Appeal in Nakuru struck out a notice of appeal because the intending appellants served it late, confirming the seven-day service rule is strict.
What this practically means
#Executive summary
#Key legal issues
#Whether late service of a notice of appeal (beyond the seven days prescribed by Rule 79) is a ground for striking it out under Rule 86
Yes. Service within seven days is an essential step in the proceedings; where it is not taken within the prescribed time and the intended appellants offer no explanation for the delay, the notice of appeal will be struck out.
Rule 79(1) requires an intended appellant to serve the notice of appeal on all persons directly affected before or within seven days of lodging it. The court found it undisputed that service occurred after more than seven days. Rule 86 permits a person affected to apply to strike out a notice where an essential step has not been taken within the prescribed time. The respondents filed no response and gave no explanation for the delay in service, and the application was made within the thirty-day window under the proviso to Rule 86.
Timeliness of appellate proceedings
Judicial proceedings must be concluded in a timely fashion; unexplained delay by an intending appellant burdens the respondent and contributes to court backlog.
Relying on Martin Kabaya v David Mungania Kiambi, the court endorsed the principle that justice delayed is justice denied. Litigants are vexed where those who summon them to proceedings then go to sleep, leaving proceedings alive but comatose. This supports strict compliance with prescribed timelines for service of a notice of appeal, which the respondents failed to observe without explanation.
Legal principles established
#- An intended appellant must serve the notice of appeal on all persons directly affected by the appeal before or within seven days of lodging it under Rule 77, and failure to take this essential step within the prescribed time exposes the notice to striking out under Rule 86.
- An application to strike out a notice of appeal under Rule 86 must be brought within thirty days of service of the notice of appeal or record of appeal.
Court orders
#- 1.The notice of appeal filed on 9th October 2023 is struck out
- 2.The respondents shall bear the costs of the application
- On appeal from
- Environment and Land Court
- ELC Cause No. E006 of 2022
- Jurisdiction invoked
- Rule 86 of the Court of Appeal Rules, 2022 - application to strike out a notice of appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chesingei alias Joseph Kimutai Suter v County Land Registrar, Elgeyo Marakwet County & 2 others (Civil Application E057 of 2023) [2024] KECA 746 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/746/eng@2024-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.