Inonda & 4 others v County Government of Nairobi; Registrar of Lands Sued Through the Attorney General & 2 others (Interested Parties) (Environment & Land Case E156 of 2020) [2024] KEELC 4701 (KLR)
The bottom line
#The Environment and Land Court refused Nairobi County's late attempt to appeal a 2022 judgment, ruling you cannot agree to comply with a judgment and then try to appeal it.
What this practically means
#Executive summary
#Key legal issues
#Inordinate and unexplained delay in applying for extension of time
The 18-month delay was unreasonable and inordinate and no sufficient cause was tendered; the explanations (counsel's inaction, 2022 elections, transition and internal audit) failed
The judgment was delivered on 23rd September 2022 but the application was filed on 12th February 2024, over 18 months later. No written instructions to erstwhile counsel were exhibited, so counsel's blame could not be authenticated. The election explanation was a scapegoat since the judgment post-dated the 7th August 2022 elections. A body corporate with perpetual succession is unaffected by change of administration. Without sufficient cause, equitable discretion cannot be exercised in the Applicant's favour.
Effect of consent orders of 8th May 2023 on extension of time to appeal
Having entered a consent confirming readiness to comply with the judgment during contempt proceedings, the Applicant conceded and acknowledged the judgment and cannot now seek leave to appeal against it; such conduct is approbation and reprobation
The consent order recorded the 1st and 4th Defendants/Respondents and contemnors as agreeing to comply with the judgment of 23rd September 2022 without default. That consent was never set aside or varied. The Applicant therefore cannot blow hot and cold by seeking to appeal a judgment it conceded, acknowledged and admitted; the intended appeal is mala fides and legally untenable.
Stay of execution pending intended appeal absent a Notice of Appeal
Stay of execution under Order 42 Rule 6 cannot issue in the absence of a filed appeal or Notice of Appeal; the prayer is premature, misconceived and legally untenable
Order 42 Rule 6(4) contemplates that a Notice of Appeal is deemed to constitute an appeal and is the foundation for stay. Here no Notice of Appeal has been filed; indeed the Applicant simultaneously seeks leave to file one out of time. The request for stay is thus mounted in vacuum and would fail even if the delay issue had been resolved in the Applicant's favour.
Legal principles established
#- Extension of time requires sufficient cause comprising plausible and believable reasons which leave no doubt in the mind of a reasonable person
- A litigant cannot merely blame erstwhile counsel without demonstrating own diligence in following up the case
- A party who has consented to and acknowledged a judgment cannot seek leave to appeal against it - approbation and reprobation is unacceptable conduct
- Stay of execution pending intended appeal can only issue where a Notice of Appeal has been filed
Court orders
#- 1.The application dated the 12th February 2024 be and is hereby dismissed with costs to the Plaintiffs/Respondents
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act, Chapter 9 Laws of Kenya; Section 95 of the Civil Procedure Act; Order 42 Rule 6 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Inonda & 4 others v County Government of Nairobi; Registrar of Lands Sued Through the Attorney General & 2 others (Interested Parties) (Environment & Land Case E156 of 2020) [2024] KEELC 4701 (KLR)", Case Analysis (2024). ELC Case No. E156 of 2020 - Notice of Motion dated 12th February 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4701/eng@2024-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.