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ELCOtherKilgoris SPMC No. ELC No. 40/2021 (Appeal)· [2025] KEELC 3530 (KLR)
Nongoboi v Kilingat & 3 others (Environment and Land Appeal E010 of 2024) [2025] KEELC 3530 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#The court refused to dismiss a stalled land appeal, giving the appellant 75 days to file the record or lose the case automatically.
What this practically means
#Executive summary
#This is a ruling delivered on 5th May 2025 by Hon. M.N Mwanyale J at Kilgoris on a Notice to Show Cause why an appeal should not be dismissed for want of prosecution. The Appellant filed a Memorandum of Appeal on 5th April 2024 against the decision of Hon. C.W Waswa delivered on 22nd March 2024 in Kilgoris SPMC No. ELC No. 40/2021, but took no steps to file the Record of Appeal, prompting the court to issue a Notice to Show Cause on 30th January 2025. The Appellant's counsel deponed that despite requesting and paying for the proceedings and judgment, they were never supplied despite personal follow-up, while the Respondent cited inordinate delay. The court held that the registry discharged its duty of availing typed proceedings once paid for, and the Appellant's single follow-up letter was insufficient. However, it found dismissal would be punitive and instead directed that the proceedings be typed and supplied to the parties upon payment of requisite fees within 60 days, the Appellant to file the Record of Appeal within 75 days, failing which the Appeal shall stand dismissed, with a mention for directions on 30th July 2025. No costs order was made.
Key legal issues
#01
Whether the appeal should be dismissed for want of prosecution
Holding
Dismissal was not warranted; conditional directions were issued
Reasoning
The court noted it bears the duty to avail typed proceedings once paid for. The Appellant paid for proceedings and made only one follow-up letter, but the court found dismissal would be punitive and instead granted conditional timelines for supply of proceedings and filing of the record of appeal.
p. 2
Legal principles established
#- It is the court's duty to avail typed proceedings to parties once they pay for them
Court orders
#- 1.Proceedings in respect of Kilgoris CMCC No. E040/2021 to be typed and supplied to the parties upon payment of requisite fees within 60 days
- 2.Appellant to file Record of Appeal within 75 days, failure to which the Appeal shall stand dismissed
- 3.Matter to be mentioned for directions on 30th July 2025
- On appeal from
- Senior Principal Magistrate's Court, Kilgoris
- SPMC No. ELC No. 40/2021
- Jurisdiction invoked
- Appellate jurisdiction over appeals from the magistrates' court (Memorandum of Appeal filed 5th April 2024)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nongoboi v Kilingat & 3 others (Environment and Land Appeal E010 of 2024) [2025] KEELC 3530 (KLR)", Case Analysis (2025). Kilgoris SPMC No. ELC No. 40/2021 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3530/eng@2025-05-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.