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ELCAllowedELC Miscellaneous Case No. E009 of 2024· [2025] KEELC 6578 (KLR)

Kuronoi v Jitahidi Milele Investment Limited & 5 others (Environment and Land Miscellaneous Application E018 of 2024) (Environment and Land) [2025] KEELC 6578 (KLR)

Environment and Land Court
2 October 2025
3,567 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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A Naivasha land court allowed a man who missed his appeal deadline to appeal anyway, and blocked any sale of his disputed land until the appeal is decided.

What this practically means

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Executive summary

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The Applicant, Peter Letoya Kurunoi, moved the Environment and Land Court at Naivasha by Notice of Motion dated 19th November 2024 seeking leave to appeal out of time against a Ruling dated 11th July 2024 in Naivasha Chief Magistrate Misc. ELC Application No. E016 of 2023, which dismissed his application for leave to file suit out of time over Land Parcel No. Naivasha/Moi-Ndabi/866 Moi-Ndabi Settlement Scheme, and inhibition orders preventing dealings with the property pending the intended appeal. He deponed that he was the original allottee, in possession since 1994, and that fraud was detected during Naivasha Criminal Case No. 660 of 2016, finalized on 11th July 2024. The delay was attributed to counsel erroneously filing the memorandum of appeal in the High Court (HCELC Civil Appeal No. E029 of 2024), which transferred the matter to the ELC, where the appeal was struck out for want of a properly transferred appeal. The 1st Respondent, the registered proprietor, opposed, citing inordinate delay of over ten years and lack of proof of when the fraud was detected. Applying the Salat principles and Section 79G of the Civil Procedure Act, the court found the delay excusable, no prejudice shown by the Respondents, and exercised its discretion to enlarge time. On inhibition, invoking Section 68 of the Land Registration Act and Joseph Mumita Kipees, the court found the equities favoured the applicant given his long possession and eviction. The application was allowed: the Applicant was given 30 days to compile, file and serve a complete record of appeal, failing which the window lapses; the substratum of the appeal was preserved; costs were in the cause.

Key legal issues

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01

Whether to enlarge time for filing an appeal under the proviso to Section 79G of the Civil Procedure Act

Holding

Leave to appeal out of time was granted; the delay was found excusable, occasioned by counsel filing the memorandum of appeal in the High Court instead of the ELC, and no prejudice was demonstrated by the Respondents.

Reasoning

The court applied the Salat principles on extension of time. It found the applicant explained the delay: the memorandum was inadvertently filed in the High Court, transferred, then struck out for want of jurisdiction; certified copies took time to obtain. Since no evidence of prejudice by the Respondents was shown and the equities favoured the applicant, the discretion was exercised in his favour.

p. 6
02

Whether orders of inhibition should issue over Land Parcel No. Naivasha/Moi-Ndabi/866 pending the intended appeal

Holding

Inhibition orders were granted because the applicant had been physically removed after nearly thirty years in possession and the property, registered in the 1st Respondent's name, risked alienation which would pre-emptively extinguish the appeal.

Reasoning

Relying on Section 68 of the Land Registration Act and Joseph Mumita Kipees, the court considered whether the property was at risk, whether refusal would render the appeal nugatory, and whether there was an arguable case. The applicant's long possession, eviction by the Respondent's directors, and risk of transfer to third parties tilted the equities in his favour.

p. 7

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, and the applicant bears the burden of explaining the delay.
  • An applicant seeking an appeal to be admitted out of time under the proviso to Section 79G must file the appeal and simultaneously seek leave; the court will not admit a non-existent appeal out of time.
  • Under Section 68 of the Land Registration Act, the court may inhibit registration of dealings with land for a particular time, until a particular event, or until further order, to preserve the integrity of the land register.
  • For inhibition orders, the applicant must show the property is at risk of disposition/alienation, that refusal would render the suit nugatory, and that the applicant has an arguable case.

Court orders

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  1. 1.Extension of time granted to the Applicant to file his appeal after the expiry of the statutory period
  2. 2.The Applicant shall within 30 days from the date of the ruling compile, file and serve upon the Respondents a complete record of appeal, failure to which the window granted to file the Appeal shall automatically lapse
  3. 3.The substratum of the appeal shall be preserved until the Appeal is heard and determined (orders of inhibition over Land Parcel No. Naivasha/Moi-Ndabi/866)
  4. 4.Costs will be in the cause

Authorities

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Legislation

  • Civil Procedure Act Cap 21 Laws of KenyaSections 1A, 1B, 3A
  • Civil Procedure Act Cap 21 Laws of KenyaSection 79G
  • Civil Procedure Act Cap 21 Laws of KenyaSection 79B
  • Civil Procedure Act Cap 21 Laws of KenyaSection 18
  • Constitution of Kenya 2010Articles 40 and 159
  • Land Registration ActSection 68

Cases cited (5)

  • Paul Wanjohi Mathenge v Duncan Gichane Mathenge
    Civil Application No. 50 of 2010
  • Sokoro Savings and Credit Co-operative Society Ltd v Abed Mwamburi
    Court of Appeal Application No. E032 of 2022
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & Others
    [2014] eKLR
  • Gerald M’limbine v Joseph Kangangi
    [2009] eKLR
  • Joseph Mumita Kipees (suing as the legal representative of the estate of Moses Kisento) v Nteri Merik – Obo Kipaika & 2 others
    [2014] KEELC 102 (KLR)
On appeal from
Naivasha Chief Magistrate's Court
Naivasha Chief Magistrate Misc. ELC Application No. E016 of 2023
Jurisdiction invoked
Sections 1A, 1B, 3A of the Civil Procedure Act Cap 21 Laws of Kenya, Section 79G proviso, Section 68 of the Land Registration Act, and Articles 40 and 159 of the Constitution of Kenya 2010

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, "Kuronoi v Jitahidi Milele Investment Limited & 5 others (Environment and Land Miscellaneous Application E018 of 2024)  (Environment and Land) [2025] KEELC 6578 (KLR)", Case Analysis (2025). ELC Miscellaneous Case No. E009 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6578/eng@2025-10-02

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