Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELC Case (ruling on Notice of Motion dated 4/4/2025), ELC Kitale· [2025] KEELC 5488 (KLR)

Wekesa & another v Kegode (Environment and Land Miscellaneous Case E008 of 2025) [2025] KEELC 5488 (KLR)

Environment and Land Court
23 July 2025
CNC.K. Nzili
572 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused to extend time to appeal because the eight-month delay was unexplained, with no medical evidence supporting the illness claimed.

What this practically means

#

Executive summary

#
This was a ruling by the Environment and Land Court at Kitale (C.K. Nzili, J) on a notice of motion dated 4/4/2025 in which the applicants sought extension of time to file an appeal out of time against a ruling of the lower court delivered on 26/9/2024. The applicants, who stated they had purchased the suit land from the respondent in 2006 and 2013 and taken possession and developed it, explained that the 1st applicant fell ill after the ruling and was physically and financially incapacitated, only able to instruct counsel in March 2025. The impugned ruling had stayed their suit at the lower court pending the hearing of ELC No. E022 of 2022, in deference to a superior order by the High Court in JR No. 17 of 2022. The court applied the Supreme Court's principles in Nicholas Kiptoo Korir Arap Salat v IEBC, noting that extension of time is an equitable discretion exercised case by case, with the burden on the applicant. It held the delay of close to eight months was unexplained, as no medical reports supported the illness claim. Further, invoking Anne Wanjiku Kibeh and Stanley Kangethe Kinyanjui, the court found the intended appeal would serve no purpose even if admitted, since the ruling merely stayed rather than struck out the suit. The application was dismissed with no order as to costs.

Key legal issues

#
01

Whether the delay of about 8 months was sufficiently explained

Holding

It was not; illness of the 1st applicant was asserted without medical reports attached.

Reasoning

The applicants attributed the delay to the 1st applicant's illness shortly after the ruling, but no medical reports were attached to substantiate the claim. Following the Salat principles, the burden lay on the applicants to explain the delay to the court's satisfaction, which they failed to discharge.

p. 2
02

Whether the intended appeal would serve any useful purpose

Holding

The court found it would not, even if admitted out of time.

Reasoning

The underlying ruling merely stayed the applicants' suit pending the outcome of High Court JR No. 17 of 2022, rather than striking it out. The court considered that an admitted appeal would be futile, applying Kibeh and Kinyanjui on whether an appeal is arguable and would not be rendered nugatory.

p. 2

Legal principles established

#
  • Extension of time is an equitable discretionary remedy, granted on a case-by-case basis, requiring explanation of the delay and absence of prejudice.
  • A court may allow filing of an appeal out of time where there are good and sufficient reasons under s.79(9) CPA read with s.16A(2) ELC Act.

Court orders

#
  1. 1.The application dated 4/4/2025 is dismissed with no order as to costs

Authorities

#

Legislation

  • Civil Procedure ActSection 79(9)
  • Environment and Land Court ActSection 16A(2)

Cases cited (3)

  • Nicholas Kiptoo Korir Arap Salat v Independent Electoral and Boundaries Commission & Others
    [2014] eKLR
  • Anne Wanjiku Kibeh v Clement Kungu Waibara & Another
    [2020] eKLR
  • Stanley Kangethe Kinyanjui v Tony Keter & Others
    [2013] KECA 378 (KLR)
On appeal from
null (intended appeal against lower court ruling of 26/9/2024; not yet filed)
null
Jurisdiction invoked
Section 79(9) of the Civil Procedure Act as read with Section 16A(2) of the Environment and Land Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Wekesa & another v Kegode (Environment and Land Miscellaneous Case E008 of 2025) [2025] KEELC 5488 (KLR)", Case Analysis (2025). ELC Case (ruling on Notice of Motion dated 4/4/2025), ELC Kitale. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5488/eng@2025-07-23

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