Khang’ati (Suing as the Personal Representative of the Estate of the Late David Khang’ati Peter Wafula) v Wanyonyi (Environment and Land Miscellaneous Application E011 of 2024) [2025] KEELC 458 (KLR)
The bottom line
#Kenya's Environment and Land Court at Bungoma allowed a late land appeal, ruling that a lawyer's mistake can be a good enough reason to extend appeal time.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 3 months and 2 weeks in filing the appeal is excusable under Section 79G
Though the delay was inordinate, sufficient explanation was given; leave to appeal out of time granted
The court applied the Thuita Mwangi v Kenya Airways factors. The delay arose from counsel inadvertently lodging the appeal in the High Court, a forum without jurisdiction. Citing Belinda Mural and Edith Gichungu Koine, the court held it should be hesitant to close the door to justice, that mistakes of counsel may amount to sufficient cause, that the respondent's claimed fees are recoverable and hence no actual prejudice was shown, and that the overriding objective favours hearing the dispute.
Whether the application is academic because the decretal sum has been paid
The court found it unclear whether the decretal sum had been paid and for what purpose, and did not decline relief on that basis
The respondent argued the decretal sum had been forwarded to him, rendering the application academic. The applicant deponed she was paying the sum in compliance with the subordinate court's orders while still aggrieved. The court noted the subordinate court had ordered deposit in a joint interest-earning account and could not determine whether the money had been paid and for what purpose, so the argument did not defeat the application.
Legal principles established
#- An appeal may be admitted out of time where the appellant satisfies the court that there is good and sufficient cause for not filing in time, guided by factors including length of and reason for delay, arguability, prejudice, compliance with time limits and public interest.
- Mistakes of a legal adviser may amount to sufficient cause for purposes of extension of time.
- No person who approaches the court seeking an opportunity to ventilate grievances should be locked out; courts should weigh extension of time against the overriding objective.
Court orders
#- 1.The memorandum of appeal annexed to the supporting affidavit to be filed within 7 days from the date hereof
- 2.The Applicant shall file her record of appeal within 30 days of this ruling and ensure the prosecution of the appeal within 1 year
- 3.Costs of the application shall be borne in the appeal
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (extension of time to appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Khang’ati (Suing as the Personal Representative of the Estate of the Late David Khang’ati Peter Wafula) v Wanyonyi (Environment and Land Miscellaneous Application E011 of 2024) [2025] KEELC 458 (KLR)", Case Analysis (2025). Application dated 27/06/2024 (Bungoma CMC ELC No. 7 of 2019; related appeal Bungoma HCCA No. E025 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/458/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.