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ELCDismissedNotice of Motion dated 30/1/25 arising from MCELC No. E516 of 2023· [2025] KEELC 4608 (KLR)

Ngugi v Ndure (Miscellaneous Application 024 of 2025) [2025] KEELC 4608 (KLR)

Environment and Land Court
4 April 2025
1,913 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused a litigant's late appeal because he waited 90 days without explaining the delay, confirming that parties must actively monitor digitized court records.

What this practically means

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Executive summary

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The applicant, Richard Njoroge Ngugi, moved the Environment and Land Court at Nairobi by Notice of Motion dated 30/1/25 seeking stay of execution of a ruling delivered on 30/9/24 in MCELC No. E516 of 2023, leave to appeal out of time against that ruling, and an order that leave operate as a stay of the trial proceedings. The trial ruling had upheld a preliminary objection that the applicant had failed to exhaust dispute resolution mechanisms under Sections 108 and 125 of the EMCA, striking out his suit alleging waste dumping, nuisance, trespass and violation of the right to a clean environment, with costs of Kshs. 64,000/- awarded to the respondent. The applicant claimed he and his advocates only learnt of the ruling on 22/12/24 when served with proclamation and warrants. The respondent opposed, relying on grounds of opposition and an affidavit of his trial counsel, Dick Warutumo, who swore the ruling date was taken in the presence of the applicant's counsel, who failed to attend, and that the ruling was uploaded on the CTS. Applying the Salat and Nyamboki principles, the court found the 90-day delay inordinate and unexplained: the applicant did not refute that the ruling date was taken in his counsel's presence, did not avail the trial court proceedings, and did not show the ruling was not uploaded on the CTS. Leave to appeal out of time was refused; the remaining prayers for stay were moot and stood dismissed. The application was dismissed with costs to the respondent, and interim orders issued on 3/3/25 were discharged.

Key legal issues

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01

Whether the applicant gave a satisfactory explanation for the 90-day delay in seeking leave to appeal out of time

Holding

The delay of 90 days from the expiry of the 30-day period was inordinate and unexplained; the applicant failed to rebut evidence that the ruling date was taken in the presence of his counsel and that the ruling was uploaded on the CTS.

Reasoning

The respondent's counsel swore that the ruling date of 22/8/24 was taken in the presence of the applicant's counsel, who did not attend; the applicant did not refute this. No explanation was given for delivery on 30/9/24 instead of 22/8/24, and the applicant did not file the trial court proceedings or show the ruling was not uploaded on the CTS. Under Section 1A(3) CPA, parties must assist the court and comply with directions. The unexplained delay disentitled the applicant to enlargement of time.

p. 4

Legal principles established

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  • Extension of time is an equitable discretionary remedy available only to a deserving party who explains the delay
  • In the era of digitized court processes (CTS), a party cannot feign ignorance of a ruling uploaded to the system
  • A party bears responsibility for monitoring his case and cannot feign ignorance of how counsel conducted the suit

Court orders

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  1. 1.The application dated 30/1/25 is dismissed with costs in favour of the Respondent
  2. 2.The remaining prayers are dismissed as moot
  3. 3.Interim orders issued on 3/3/25 stand discharged
Jurisdiction invoked
Sections 79G and 95 of the Civil Procedure Act (extension of time and stay jurisdiction)

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, "Ngugi v Ndure (Miscellaneous Application 024 of 2025) [2025] KEELC 4608 (KLR)", Case Analysis (2025). Notice of Motion dated 30/1/25 arising from MCELC No. E516 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4608/eng@2025-04-04

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