Abigael Khayesa Standa & 2 others v Emily Kivali Mulaya & 2 others
The bottom line
#The Court of Appeal struck out an appeal because those who filed it weren't parties to the case and never sought permission to appeal.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of strike-out applications under rule 86
The applications were filed within the 30-day window and the proviso to rule 86 was not attracted.
The memorandum of appeal was dated 19th February 2024 and the applications dated 6th and 20th March 2024, so they fell within the 30-day period after service of the record of appeal. The court found no contest on those dates and declined the respondents' request to strike out the applications for delay.
Competence of an appeal filed by non-parties without leave
An appeal by a person who was not a party to the suit, filed without prior leave, is incompetent and must be struck out.
The right of appeal is a creature of statute; a non-party aggrieved by a judgment must apply for leave to appeal before instituting the appeal. The respondents admitted leave was never sought and blamed prior counsel, but the court held that this could not cure the defect. The appeal therefore 'stands on sinking sand' and was struck out.
Legal principles established
#- The right of appeal is a creature of statute; a non-party aggrieved by a judgment must seek leave before filing an appeal, and an appeal filed without leave is incompetent.
Court orders
#- 1.The applications dated 6th March 2026 and 20th March 2026 are allowed
- 2.Civil Appeal No. E013 of 2024 is struck out with costs to the applicants
- On appeal from
- Environment and Land Court
- ELC No. 119 of 2014 (consolidated with ELC No. 120 of 2014)
- Jurisdiction invoked
- Rule 86 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abigael Khayesa Standa & 2 others v Emily Kivali Mulaya & 2 others", Case Analysis (2026). Civil Appeal No. E013 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1558/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.