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ELCAllowedNotice of motion dated 16th May 2024· [2025] KEELC 3850 (KLR)

Sadiki Growers Limited & another v Richard A Oncuru t/a RA Onchuru & Company Advocates & another (Enviromental and Land Originating Summons E002 of 2025) [2025] KEELC 3850 (KLR)

Environment and Land Court
8 May 2025
MMM.D. MWANGI
1,277 words in judgment
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The bottom line

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Kenya's Environment and Land Court allowed a late land appeal, holding that registry errors and administrative delays outside a litigant's control count as good cause.

What this practically means

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Executive summary

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The applicant, Brian Mbugua Kariuki, moved the court by notice of motion dated 16th May 2024 seeking leave to file an appeal out of time against the judgment of the Kajiado Chief Magistrate's Court (Hon. L.L. Gicheha CM) in Kajiado CMELC 48 of 2023 delivered on 20th April 2023. The applicant explained that the judgment was only communicated to his advocate on 11th June 2023; that certified copies of proceedings obtained on 29th September 2023 were erroneous as to the date and substance of the judgment; that rectification requests and a complaint to the Judicial Service Commission lodged on 10th November 2023 went unheeded until May 2024, by which time the statutory 30-day period under Section 16A of the ELC Act and Section 79G of the Civil Procedure Act had lapsed. The respondent, through a replying affidavit by its director Hillary Maina Chege, contended the judgment was delivered in the presence of both advocates and that the delay was inordinate and inexcusable. The court identified a sole issue: whether the application was merited. Applying the extension-of-time principles from Mombasa County Government v Kenya Ferry Services (2019) eKLR, the court held the applicant had demonstrated reasonable cause for the delay beyond his control and that the draft memorandum of appeal raised arguable grounds. It also rejected the respondent's objection that no company resolution authorised the appeal, reasoning that a fresh resolution is unnecessary where the company was already a party to the suit. The court granted leave to file the intended appeal within 14 days, with costs in the cause.

Key legal issues

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01

Whether the applicant demonstrated good and sufficient cause for the delay in filing the appeal out of time

Holding

The applicant demonstrated reasonable cause for the delay, occasioned by administrative bottlenecks beyond his control, and the intended appeal is arguable.

Reasoning

Sections 16A of the ELC Act and 79G of the Civil Procedure Act allow admission of an appeal out of time on good and sufficient cause. Applying the Supreme Court's principles in Mombasa County Government v Kenya Ferry Services, the court found the delay explained by court registry errors and JSC complaint, the application brought without unreasonable delay once documents were availed, and the draft memorandum of appeal arguable. No prejudice to the respondent was found to outweigh these factors.

p. 3

Legal principles established

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  • The law does not require a fresh resolution of a company to lodge an appeal against a decision in a suit where the company was already a party and had presumably already filed a resolution authorising the filing of that suit.

Court orders

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  1. 1.Leave granted to the applicant to file the intended appeal out of time within 14 days from the date of the ruling
  2. 2.Costs of the application shall be in the cause

Authorities

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Legislation

  • Environment and Land Court ActSection 16A
  • Civil Procedure ActSection 79G

Cases cited (1)

  • Mombasa County Government –vs- Kenya Ferry Services and another
    (2019) eKLR
On appeal from
Kajiado Chief Magistrate's Court
Kajiado CMELC 48 of 2023
Jurisdiction invoked
Section 16A of the ELC Act and Section 79G of the Civil Procedure Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sadiki Growers Limited & another v Richard A Oncuru t/a RA Onchuru & Company Advocates & another (Enviromental and Land Originating Summons E002 of 2025) [2025] KEELC 3850 (KLR)", Case Analysis (2025). Notice of motion dated 16th May 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3850/eng@2025-04-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.