Kenya Forest Service v Ruto (Environment and Land Miscellaneous Application E019 of 2024) [2025] KEELC 2883 (KLR)
The bottom line
#Kenya's land court let KFS appeal late, but refused to stop enforcement of the ruling dismissing its case, explaining a missed deadline can win leniency without freezing everything.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to file an appeal out of time should be granted under Section 79G of the Civil Procedure Act
Leave granted; the Applicant sufficiently explained the delay (counsel on compassionate leave and typed proceedings not ready until 5th June 2024) and the Respondent showed no prejudice
The appeal was filed nineteen days late. The Applicant produced a certificate of delay showing proceedings were only ready on 5th June 2024, and the Memorandum was filed nine days later, plus a letter evidencing counsel's leave. Guided by the factors in Stecol Corporation Ltd v Susan Awuor Mudemb (period and reason for delay, prejudice, public importance), the court found the delay explained and no prejudice demonstrated by the Respondent.
Whether the Memorandum of Appeal filed out of time should be deemed duly filed
Deemed duly filed as a consequence of the extension of time
Having found under issue (A) that extension of time was merited, the court held it followed that the Memorandum of Appeal lodged on 14th June 2024 in Kericho ELCA No. E006 of 2024 would be deemed as duly filed.
Whether stay of execution of the 25th April 2024 ruling should be granted
Refused; the dismissal was a negative order incapable of stay
Order 42 Rule 6(2) requires substantial loss and that no positive order be capable of execution. Citing Joseph Muthuri & 32 others v Cooperative Bank Ltd, which cited Raymond M Omboga v Austine Pyan Maranga, the court agreed with the Respondent that the order dismissing the Applicant's application was in the nature of a negative order and could not be stayed.
Legal principles established
#- In determining an application for extension of time, the court considers the period of delay, the reasons for the delay, the degree of prejudice to the Respondent if the application is granted, and whether the matter raises issues of public importance
- A dismissal is a negative order incapable of execution and cannot be stayed where no positive order exists in favour of the respondent
Court orders
#- 1.Leave is granted to the Applicant to lodge an appeal against the ruling and order in Kericho CMCC No. E028 of 2021 out of time
- 2.The Memorandum of Appeal filed out of time and without leave of Court, i.e ELCA E006 of 2024, shall be deemed duly filed
- 3.The costs of the application shall abide the outcome of the appeal
- On appeal from
- Chief Magistrate's Court, Kericho
- Kericho CMCC No. E028 of 2021
- Jurisdiction invoked
- Sections 79G and 95 of the Civil Procedure Act; Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Forest Service v Ruto (Environment and Land Miscellaneous Application E019 of 2024) [2025] KEELC 2883 (KLR)", Case Analysis (2025). ELC Misc Appl No. E019 of 2024 (Kericho). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2883/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.