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ELCPartially AllowedNotice of motion dated 7/2/2025 (arising from Meru CMC E&L Case No. 349 of 2015)· [2025] KEELC 4911 (KLR)

M’Ikirima M’Kirichu v the 1st Respondent & the 2nd Respondent

Environment and Land Court of Kenya
30 June 2025
1,257 words in judgment
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The bottom line

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Kenya's Environment and Land Court gave a late appellant 10 more days to appeal, but refused to stop execution because the dismissed case contained no positive order to stay.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Meru (B M Eboso J) determines a notice of motion dated 7/2/2025 by M’Ikirima M’Kirichu seeking (i) stay of execution of a judgment delivered on 21/12/2022 in Meru CMC E&L Case No. 349 of 2015 and (ii) enlargement of time to lodge an appeal against that judgment. The applicant explained that he had timely filed an appeal (Meru HCCA E015 of 2023) within the 30-day limitation period under Section 16A of the Environment and Land Court Act and Section 79G of the Civil Procedure Act, but it was inadvertently lodged in the High Court civil registry rather than the ELC registry and was struck out by Muriithi J for want of jurisdiction. The 1st respondent did not oppose; the 2nd respondent, through grounds of opposition and submissions, argued inordinate unexplained delay and that no stay lies against a negative order. The court framed two issues: entitlement to extension of time and entitlement to stay. Applying the Supreme Court's Salat criteria, it found the applicant's uncontroverted explanation amounted to sufficient cause and enlarged time by 10 days. However, since the impugned decree was a dismissal - a negative decree - and following Western College v Oranga, stay of execution was declined. The applicant was ordered to bear the 2nd respondent's costs. The application succeeded in part.

Key legal issues

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01

Enlargement of the limitation period for lodging an appeal

Holding

The applicant's explanation of filing the appeal in the wrong court registry constitutes sufficient cause; time enlarged by 10 days

Reasoning

The judgment was delivered on 21/12/2022. The applicant lodged an appeal within 30 days but inadvertently in the High Court civil registry instead of the ELC registry, and it was struck out for want of jurisdiction. The respondents did not controvert this affidavit evidence. The court found sufficient cause established, subject to costs indemnifying the 2nd respondent.

p. 3
02

Stay of execution pending intended appeal

Holding

Refused because the trial court's decree is negative

Reasoning

The impugned judgment was a dismissal order carrying no positive obligation capable of being stayed. Following Western College of Arts & Applied Science v Oranga, the court held that stay of execution does not lie in the absence of a positive order, so the criteria for granting stay were not met.

p. 3

Legal principles established

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  • An order of stay of execution does not lie against a negative decree
  • Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, requiring explanation of delay and absence of prejudice

Court orders

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  1. 1.The time for lodging an appeal against the Judgment rendered in Meru CMC Civil Case No. 349 of 2015 is enlarged by 10 days
  2. 2.The plea for an order staying execution of the said Judgment is declined on the ground that a dismissal order is a negative order which does not attract an order of stay of execution
  3. 3.The applicant shall bear the 2nd respondent’s costs of this application

Authorities

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Legislation

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

Cases cited (2)

  • Nicholas Kiptoo Arap Korir Salat Vs Independent Electoral and Boundaries Commission & 7 others
    [2014]
  • Western College of Arts & Applied Science Vs Oranga & others
    [1976] KLR 63
On appeal from
Chief Magistrate's Court, Meru
Meru CMC E&L Case No. 349 of 2015
Jurisdiction invoked
Section 16A of the Environment and Land Court 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, "M’Ikirima M’Kirichu v the 1st Respondent & the 2nd Respondent", Case Analysis (2025). Notice of motion dated 7/2/2025 (arising from Meru CMC E&L Case No. 349 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4911/eng@2025-06-30

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