Vesha Foods Caterers v National Land Commission. & 2 others (Civil Application E017 of 2026) [2026] KECA 534 (KLR)
The bottom line
#Kenya's Court of Appeal allowed a business to appeal late over compulsory land acquisition compensation, showing courts will excuse delay if well explained.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the intended appeal was satisfactorily explained
The delay was satisfactorily explained: the applicant changed advocates after requesting proceedings, and the request for certified proceedings was made promptly.
The court noted the letter dated 7th December 2024 requesting typed proceedings for purposes of appeal, and that the applicant changed advocates after that request, partly causing the delay, which was not challenged. The application was unopposed despite service. On those facts the court was satisfied the cause of delay was explained.
Whether the intended appeal is arguable
The intended appeal is arguable because the applicant's claim of a hotel business on the compulsorily acquired plot was rejected by the trial court, raising a bona fide ground of appeal.
The applicant petitioned for compensation for a plot compulsorily acquired, claiming it ran a hotel business there; the trial court found otherwise. The court held that challenging those findings is an arguable ground entitling the applicant to leave, especially as proceedings and judgment were ready, making record preparation quick.
Whether the respondents would suffer prejudice if leave is granted
No prejudice would be suffered since the respondents hold a judgment in their favour.
The court reasoned that because the trial court had already determined the matter and entered judgment for the respondents, granting leave does not expose them to prejudice; rather, denying leave would prejudice the applicant whose business closure allegedly resulted from the impugned decision.
Legal principles established
#- In an application for leave to appeal out of time, the court considers whether there is good or sufficient reason for the delay, whether the intended appeal is arguable or has high chances of success, and whether the respondent will suffer prejudice if leave is granted.
Court orders
#- 1.The notice of motion dated 12th January 2026 is allowed
- 2.Leave to file appeal out of time is granted
- 3.The applicant to file and serve the Notice of Appeal within seven (7) days from today's date
- On appeal from
- Environment and Land Court, Machakos
- ELC Petition No. E025 of 2021
- Jurisdiction invoked
- Rule 41 of the Court of Appeal Rules, 2022 (leave to file appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Vesha Foods Caterers v National Land Commission. & 2 others (Civil Application E017 of 2026) [2026] KECA 534 (KLR)", Case Analysis (2026). Notice of Motion dated 12th January, 2026 (arising from Machakos ELC Petition No. E025 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/534/eng@2026-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.