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ELCAllowedKilgoris ELC Case No. 17/2024 & Kilgoris ELC Case No. 15/2024 (Consolidated)· [2025] KEELC 5626 (KLR)

Shira v Konchory & another (Environment and Land Miscellaneous Case E004 of 2025) [2025] KEELC 5626 (KLR)

Environment and Land Court
30 July 2025
MMM.N. MWANYALE
737 words in judgment
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The bottom line

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A Kenyan court allowed an appeal filed five months late because the applicant's previous lawyers failed to communicate the judgment in time.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kilgoris (M.N. Mwanyale J, 30 July 2025) determined a Notice of Motion dated 28 March 2025 in which the Applicant sought leave to appeal out of time against a judgment delivered by Hon. W.C. Waswa SRM on 4 October 2024 in two consolidated matters, Kilgoris ELC Case No. 17/2024 and No. 15/2024, together with a stay of execution pending the intended appeal. The Applicant attributed the delay to non-communication by his previous advocates and annexed a draft Memorandum of Appeal. The 2nd Respondent opposed, asserting the Applicant knew of the judgment date having testified in the suit, and noted that no correspondence evidencing the alleged non-communication was exhibited and no execution proceedings were shown. The court adopted the Court of Appeal's principles in Leo Silla Mutiso v Rose Hellen Wangari: the length of the delay, the reason for it, the chances of the appeal succeeding, and the prejudice to the respondent. Finding the roughly five-month delay not inordinate, holding that non-communication by advocates is sufficient reason, that the draft Memorandum raised arguable issues, and that no prejudice would arise since the decree had not been executed, the court granted leave to appeal out of time, deemed the draft Memorandum properly filed, directed filing of the record of appeal within 60 days, typing of proceedings within 45 days, and ordered parties to maintain the status quo on the ground and on the register of Transmara/Nkararo/237 pending the appeal.

Key legal issues

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01

Whether the Applicant should be granted leave to appeal out of time

Holding

Leave granted; the delay of about 5 months was not inordinate, non-communication by previous advocates was sufficient reason, the draft appeal raised arguable issues and no prejudice would befall the respondents

Reasoning

The court applied the Leo Silla Mutiso principles: length of delay, reason for delay, arguability of the appeal and prejudice to the respondent. The delay was about 5 months, explained by the advocates' failure to communicate the judgment. The draft Memorandum raised arguable issues and, as the decree had not been executed, no prejudice would be visited on the respondents.

p. 2

Legal principles established

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  • Non-communication by previous advocates to a party is sufficient reason to enlarge time for filing an appeal

Court orders

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  1. 1.Leave granted to the Applicant to file an Appeal out of time
  2. 2.Draft Memorandum of Appeal deemed as properly filed
  3. 3.Appellant to file and serve the record of Appeal within 60 days
  4. 4.Proceedings to be typed within 45 days
  5. 5.Parties to maintain the status quo currently prevailing on the ground and on the register of Transmara/Nkararo/237 pending hearing and determination of the intended appeal

Authorities

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Cases cited (1)

  • Leo Silla Mutiso vs Rose Hellen Wangari
    Nairobi Civil Application 255/1997
On appeal from
Senior Resident Magistrates Court at Kilgoris (Hon. W.C. Waswa SRM)
Kilgoris ELC Case No. 17/2024 & 15/2024
Jurisdiction invoked
Inherent jurisdiction to enlarge time for filing appeal (first-instance court hearing an application for extension of time and stay pending intended appeal)

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, "Shira v Konchory & another (Environment and Land Miscellaneous Case E004 of 2025) [2025] KEELC 5626 (KLR)", Case Analysis (2025). Kilgoris ELC Case No. 17/2024 & Kilgoris ELC Case No. 15/2024 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5626/eng@2025-07-30

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