Ondiege & another v Orege (Environment & Land Miscellaneous Case E015 of 2024) [2025] KEELC 4008 (KLR)
The bottom line
#Kenya's High Court at Siaya allowed two landowners to appeal nine months late because they genuinely didn't know judgment had been delivered against them.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants established good and sufficient cause for not filing their appeal within the statutory 30-day period
Yes - the lack of knowledge of the judgment outcome was sufficient reason warranting the court's consideration
The court found the applicants had an intention to appeal, evidenced by counsel applying for certified copies of proceedings on the judgment date. There was evidence the parcel containing the judgment was received on 13/09/2024. Weighing this against the right of appeal, the court treated the lack of knowledge of the outcome as sufficient reason to warrant granting the extension.
Whether the delay of over 9 months in seeking leave was inordinate
The delay was adequately explained; what constitutes inordinate delay depends on the circumstances of each case
Relying on Cecilia Wanja Waweru v Jackson Wainaina Muiruri, the court noted there is no fixed rule for inordinate delay. Although more than 9 months had lapsed since judgment, Section 79G permits extension once delay is convincingly explained. The application was undefended and the respondent was duly served.
Legal principles established
#- An appeal from a subordinate court to the High Court must be filed within thirty days, but may be admitted out of time upon good and sufficient cause
- The power to enlarge time is discretionary and must be exercised judiciously, considering whether the explanation for delay is reasonable and credible
- Once delay is convincingly explained, time ought to be enlarged
Court orders
#- 1.The application dated 16/09/2024 is allowed
- 2.The applicants shall file the intended appeal within 14 days of the date of the ruling, failing which the leave shall automatically lapse
- On appeal from
- Ukwala Principal Magistrates Court
- Environment and Land Case No. 19 of 2020
- Jurisdiction invoked
- Sections 3A and 79G of the Civil Procedure Act; Order XXI Rule 22(1) of the Civil Procedure Rules; Article 159 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ondiege & another v Orege (Environment & Land Miscellaneous Case E015 of 2024) [2025] KEELC 4008 (KLR)", Case Analysis (2025). Application dated 16/09/2024 (arising from Ukwala PM Environment and Land Case No. 19 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4008/eng@2025-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.