Kariuki v Gathige (Environment and Land Miscellaneous Application E052 of 2024) [2025] KEELC 4032 (KLR)
The bottom line
#A Kenyan landowner got permission to appeal late, and her eviction is on hold until that appeal is decided.
What this practically means
#Executive summary
#Key legal issues
#Leave to appeal out of time under Section 79G
Leave granted; the change of advocates explained the delay and the application was filed timeously after the impugned ruling
The decision to extend time is discretionary and case-specific. The Applicant explained that the delay arose from engaging new advocates who had to peruse the file. The application dated 2nd December 2024 followed shortly after the ruling of 26th September 2024. In the interest of justice and access to justice, the court exercised its discretion in the Applicant's favour, subject to a 30-day limit.
Stay of execution pending appeal
Stay of execution of the 26th September 2024 ruling granted pending the intended appeal
Applying Order 42 Rule 6 and the Butt v Rent Restriction Tribunal principles, the court found the eviction application, if allowed to proceed, would render the intended appeal nugatory. A stay of execution covers the eviction process as part of execution, so no separate stay of proceedings was necessary. Substantial loss was assessed against the danger of imminent eviction.
Legal principles established
#- Extension of time is a discretionary equitable remedy available to a deserving party, requiring an explanation of the delay and absence of prejudice to the respondent
- Stay of execution preserves the substratum of the suit so the appeal is not rendered nugatory, and encompasses the eviction process
Court orders
#- 1.Leave granted to the firm of Obura Mbeche & Co Advocates to file an appeal out of time on behalf of the Applicant
- 2.Applicant to file an Appeal within 30 days failing which the order lapses
- 3.Stay of execution of the ruling dated 26th September 2024 granted pending the hearing of the intended appeal
- 4.Each party to bear their own costs
- On appeal from
- Chief Magistrate's Court at Nakuru (Nakuru CM ELC No E108 of 2022)
- Nakuru CM ELC No E108 of 2022
- Jurisdiction invoked
- Sections 79G and 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Gathige (Environment and Land Miscellaneous Application E052 of 2024) [2025] KEELC 4032 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 2nd December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4032/eng@2025-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.