Kinaiyia & another (Suing as the Personal Representatives of Joseph Sein - Deceased) v Elesondai & 3 others (Environment and Land Appeal 19 of 2021) [2025] KEELC 3777 (KLR)
The bottom line
#A Kajiado court gave two appellants a second chance to revive their dismissed appeal, but only on strict 21-day terms and at their own costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellants deserved the exercise of the court's discretion to set aside the dismissal of the appeal for want of prosecution and to extend time to file the record of appeal
The application was allowed: the dismissal order of 18th April 2023 was set aside and time extended by 21 days to file the record of appeal, with the Appellants to bear the costs of the application
The court applied the principles in the Salat case on extension of time. It found the reason for the delay had been explained and that the Appellants deserved the exercise of its discretion. The allowance was described as reluctant, and it was made conditional: the record of appeal had to be filed within 21 days, failing which the appeal would stand dismissed. The Appellants were also denied costs in the cause and ordered to pay the costs of the application.
Legal principles established
#- Where the reason for delay in prosecuting an appeal is satisfactorily explained, the court may exercise its discretion to set aside an order of dismissal for want of prosecution, notwithstanding the respondent's interest in finality.
Court orders
#- 1.The order dismissing the appeal on 18th April 2023 is set aside
- 2.The record of appeal to be filed within twenty one (21) days from the date of the Ruling, in default the appeal shall stand dismissed
- 3.Costs of the application to be borne by the Appellants
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act (Cap. 21); Order 12 Rule 7 and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Articles 50 and 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kinaiyia & another (Suing as the Personal Representatives of Joseph Sein - Deceased) v Elesondai & 3 others (Environment and Land Appeal 19 of 2021) [2025] KEELC 3777 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3777/eng@2025-05-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.