Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNarok CMC ELC related application dated 26th November 2024· [2025] KEELC 4442 (KLR)

Ronoh v Kiplagat (Environment & Land Case E012 of 2024) [2025] KEELC 4442 (KLR)

Environment and Land Court (High Court level, Narok)
12 June 2025
3,661 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

#

A Kenyan court dismissed a bid to file an appeal three years late, ruling that illness and financial hardship do not excuse unexplained delay.

What this practically means

#

Executive summary

#
The applicant, Thomas Kimutai Ronoh, moved the court by an application dated 26th November 2024 seeking leave to file an appeal out of time against the judgment and decree of Hon. G. N. Wakahiu (CM) delivered on 26th October 2021 in Narok CMC ELC No. 181 of 2018, which had ordered his eviction from land parcels Cis Mara/Ololulunga/13957 and 13958, together with a stay of that judgment pending the intended appeal. He attributed the delay of approximately three years to illness and financial hardship, supported by a school letter. The respondent opposed, showing that the applicant had instead filed a review application (dismissed 25th October 2022) and an appeal against that ruling (dismissed 24th January 2024), so he had remained active in the litigation and could not claim incapacity. Applying section 79G of the Civil Procedure Act and the principles in the Salat, Mutiso and Paul Musili Wambua decisions, the court held that no good or sufficient cause for the delay was shown: the applicant was untruthful, produced no medical evidence, the school letter was dated 6th February 2024 and found to be tailor-made, and financial constraint is not a valid reason for delay. Having elected review, the applicant could not simultaneously pursue an appeal. The stay prayer failed because no appeal was pending or intended. The application was dismissed entirely with costs to the respondent. It is so ordered.

Key legal issues

#
01

Whether the applicant showed good and sufficient cause for filing the appeal out of time

Holding

No; the applicant's claim of illness and financial hardship was untruthful and unsupported, as he had actively pursued a review application and a subsequent appeal between 2021 and 2024

Reasoning

The judgment was delivered on 26th October 2021 and the 30-day statutory period lapsed without an appeal being filed. The applicant instead filed a review application dated 15th November 2021, dismissed on 25th October 2022, and an appeal against that ruling dismissed on 24th January 2024. His claim of illness and financial constraints lacked supporting evidence; the school letter was dated 6th February 2024 and found to be tailor-made. Review and appeal are mutually exclusive remedies, and the delay of approximately three years was not explained.

p. 5
02

Whether stay of execution pending appeal should be granted

Holding

No; since leave to appeal out of time was refused, there is no pending or intended appeal, and Order 42 Rule 6(2) conditions cannot be satisfied

Reasoning

Stay of execution under Order 42 Rule 6(2) presupposes an appeal that is pending or has been filed. Because the court declined to enlarge time and grant leave to file the appeal, no appeal exists or is contemplated, removing the foundation for any order of stay. The court accordingly did not engage with substantial loss or security.

p. 7

Legal principles established

#
  • Extension of time is an equitable remedy available only to a deserving party at the court's discretion, and the applicant bears the burden of explaining the delay to the court's satisfaction
  • Financial constraint is not a valid reason for delay in filing an appeal on time
  • A litigant who elects the remedy of review cannot simultaneously pursue an appeal against the same judgment
  • An appeal does not operate as an automatic stay of execution; conditions under Order 42 Rule 6(2) must be met, and stay presupposes a pending appeal

Court orders

#
  1. 1.The application dated 26th November 2024 is dismissed entirely
  2. 2.Costs of the application awarded to the Respondent
On appeal from
Chief Magistrate's Court, Narok
Narok CMC ELC NO. 181 of 2018
Jurisdiction invoked
Section 79G of the Civil Procedure Act; Order 42 Rule 6(2) of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ronoh v Kiplagat (Environment & Land Case E012 of 2024) [2025] KEELC 4442 (KLR)", Case Analysis (2025). Narok CMC ELC related application dated 26th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4442/eng@2025-06-12

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