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Court of AppealDismissedCivil Appeal (Nyeri) - from ELC Case No. 44 of 2016 (OS) at Meru· [2025] KECA 1500 (KLR)

Silas Kirai Jackson v Kenya Electricity Transmission Company Limited (ketraco)

Court of Appeal of Kenya
19 September 2025
2,027 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal dismissed a land compensation appeal solely because it was filed late without permission, showing strict deadlines can sink even a heard appeal.

What this practically means

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Executive summary

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This was a first appeal to the Court of Appeal at Nyeri against a judgment of the Environment and Land Court at Meru (L.N. Mbugua, J, delivered 14 February 2018) in ELC Case No. 44 of 2016 (OS). The ELC had, at the suit of KETRACO, approved the registration of a right of way (easement) over 1.152 acres of the appellant's land for the Nanyuki-Isiolo-Meru 132KV power transmission line, adopting the GIMCO valuation of Kshs.600,000 per acre and granting KETRACO right of entry. The appellant sought to have the award set aside and a better compensation award made. Before reaching the merits, the Court of Appeal addressed a jurisdictional challenge raised by the respondent: the record of appeal was filed out of the 60-day period prescribed by rule 84(1) of the Court of Appeal Rules, 2022, without leave. The appellant could not invoke the proviso to rule 84(1) because he had not applied for certified proceedings within 30 days of the judgment (writing only about 100 days after judgment) and had not served the letter bespeaking proceedings on the respondent, contrary to rule 84(2). No application for extension of time under Rule 4 was made, and counsel for the appellant did not rebut the competence objections. Relying on rule 85 and its own prior decisions in Mugambi v KETRACO and Mae Properties, the Court held the appeal incompetent. Because the determination came after the appeal had been heard, it could not be deemed withdrawn and was dismissed with costs to the respondent. The ELC judgment was therefore left undisturbed on the merits.

Key legal issues

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01

Whether the appellant could rely on the proviso to rule 84(1) of the Court of Appeal Rules, 2022

Holding

No - the appellant did not bespeak proceedings within 30 days of the judgment and did not serve the letter bespeaking proceedings on the respondent, as required by rule 84(2)

Reasoning

Rule 84(1) requires lodging the record of appeal within 60 days of the notice of appeal. The proviso excludes the time taken to prepare proceedings only where the appellant applied for proceedings in writing within 30 days and served the application on the respondent. The appellant wrote to the trial court about 100 days after judgment and did not copy the letter to the respondent, so he could not bring himself within rule 84(2) and the proviso was unavailable.

p. 4
02

The remedy where an appeal is filed out of time without leave and determined after plenary hearing

Holding

The appeal is incompetent and, having been heard, cannot be deemed withdrawn; it must be dismissed with costs

Reasoning

Rule 85(1) provides that a party who fails to institute an appeal within the appointed time is deemed to have withdrawn the notice of appeal. However, where the defect is identified only after the appeal has been fully heard, deeming the appeal withdrawn is inapt. The Court therefore dismissed the appeal with costs, applying rule 85(1) and (2) and its prior decisions in Mugambi v KETRACO and Mae Properties.

p. 4

Legal principles established

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  • An appellant must file the record of appeal within 60 days of the notice of appeal, and may only extend that period under the proviso if he applied for proceedings in writing within 30 days of the decision and served that application on the respondent; otherwise the appeal must be lodged out of time only with leave under Rule 4
  • An appeal filed out of time without leave is incompetent, and where the incompetence is determined after the appeal has been heard, the appeal must be dismissed rather than deemed withdrawn

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent
On appeal from
Environment and Land Court at Meru
ELC Case No. 44 of 2016 (OS)
Jurisdiction invoked
First appellate jurisdiction over the Environment and Land Court; appeal governed by the Court of Appeal Rules, 2022 (Rules 4, 31(1), 84, 85, 89)

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, "Silas Kirai Jackson v Kenya Electricity Transmission Company Limited (ketraco)", Case Analysis (2025). Civil Appeal (Nyeri) - from ELC Case No. 44 of 2016 (OS) at Meru. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1500/eng@2025-09-19

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