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ELCOtherEnvironment and Land Appeal 50 of 2022· [2024] KEELC 1781 (KLR)

Githu v Kenya Com Rabbit Consortium Ltd (Environment and Land Appeal 50 of 2022) (11 April 2024) (Directions) [2024] KEELC 1781 (KLR)

Environment and Land Court
11 April 2024
JKJG Kemei
244 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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An appeal court in Thika postponed a ruling because the Kiambu trial court's file had not been delivered, directing the registry to obtain it.

What this practically means

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Executive summary

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This is a procedural directions ruling by JG Kemei, J of the Environment and Land Court at Thika in an appeal (ELC Appeal No. 50 of 2022) by Elizabeth Wanjiku Githu against the judgment of Hon E. Ominde, CM in Kiambu MCELCC No. 32 of 2019, delivered on 17 October 2023. The matter had come up for ruling on the Appellant's Notice of Motion dated 22 January 2024. However, the Court noted that the trial court file containing the record and the judgment appealed against had not been availed to it. In the interest of justice and so that the Court could fully acquaint itself with the gist of the appeal, the Judge directed the Hon. Deputy Registrar to call for the lower court file. The Court further fixed mention on 7 May 2024 before the Deputy Registrar to confirm compliance, and vacated the ruling date for the reasons stated. The ruling was delivered virtually via Microsoft Teams on 11 April 2024, with Mukuria appearing for the Appellant and Osodo for the Respondent. No costs order was made, no substantive issues were determined, and no authorities were cited. The substance of the appeal and the pending motion remain for determination once the lower court record is availed.

Key legal issues

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01

Ability of the appellate court to proceed without the record of appeal

Holding

The Court could not rule on the application before it without the lower court file, and invoked its power to call for the record in the interest of justice

Reasoning

The matter had come up for ruling on the Appellant's Notice of Motion dated 22/1/2024, but the trial court file containing the record and the judgment appealed against had not been supplied to the Court. In the interest of justice and to enable the Court to acquaint itself fully with the gist of the appeal, the Judge directed the Deputy Registrar to call for the lower court file, vacated the ruling date, and set the matter for further mention to confirm compliance.

p. 1

Legal principles established

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    Court orders

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    1. 1.The Hon. Deputy Registrar directed to call for the lower court file, Kiambu MCELC Case No. 32 of 2019 between Kenya Com Rabbit Consortium Ltd and Elizabeth Wanjiku Githu
    2. 2.Further mention on 7/5/2024 before the Hon. Deputy Registrar to confirm compliance
    3. 3.The Ruling date is vacated for the reasons stated
    On appeal from
    Magistrates' Court at Kiambu
    MCELCC No. 32 of 2019
    Jurisdiction invoked
    Appeal to the Environment and Land Court against a subordinate court judgment (Environment and Land Court Act)

    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, "Githu v Kenya Com Rabbit Consortium Ltd (Environment and Land Appeal 50 of 2022)  (11 April 2024) (Directions) [2024] KEELC 1781 (KLR)", Case Analysis (2024). Environment and Land Appeal 50 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1781/eng@2024-04-11

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