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ELCOtherEnvironment and Land Appeal E109 of 2021· [2025] KEELC 6612 (KLR)

Gedion & 2 others v Samson Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6612 (KLR)

Environment and Land Court
16 September 2025
BEB M Eboso
327 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Meru court postponed judgment because the appellants' written submissions were missing from the court record, stressing parties must verify filings actually appear on record.

What this practically means

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Executive summary

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This is a procedural order, not a final judgment, in Environment and Land Appeal E109 of 2021 at Meru. The appeal was admitted on 10/2/2025 by the judge then seized of it, with directions for filing and exchanging written submissions, and was set down for hearing on 30/4/2025. On that date, counsel for the appellants confirmed that submissions had been filed and exchanged, counsel for the respondents agreed, and the court fixed a judgment date. However, while preparing judgment, the court discovered that the appellants' written submissions appear neither on the e-portal nor in the physical file; only the respondents' submissions are on record in both places. Confronted with an incomplete record, the court declined to proceed to judgment on the material available. It directed that the appeal be listed for mention on 29/9/2025 so that the parties can address the court on the whereabouts of the appellants' submissions, and it vacated the previously reserved judgment dates. No substantive issues in the appeal were determined, no costs order was made, and no authorities were cited. Practitioners should note the practical lesson: confirm that filed submissions are actually uploaded to the e-portal and placed on the physical file before inviting the court to fix a judgment date, as a missing record will cause reserved judgment dates to be vacated.

Key legal issues

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01

Whether the court can proceed to judgment where only one side's written submissions are on record

Holding

No - the court cannot prepare judgment where the appellants' submissions are missing from both the e-portal and the physical file, so the reserved judgment dates must be vacated and the matter listed for mention.

Reasoning

While preparing judgment, the court discovered that the appellants' written submissions were not reflected on the e-portal nor contained in the physical file; only the respondents' submissions were available. Rather than decide the appeal on a partial record, the judge directed the parties to appear on a mention date to explain the whereabouts of the appellants' submissions before judgment dates can be reset.

p. 1

Legal principles established

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    Court orders

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    1. 1.The orders reserving judgment dates in this appeal are vacated
    2. 2.The appeal shall be listed for mention on 29/9/2025 when the parties will address the court on the whereabouts of the appellants' written submissions
    Jurisdiction invoked
    Environment and Land Court appellate jurisdiction over the appeal admitted before it

    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, "Gedion & 2 others v Samson Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6612 (KLR)", Case Analysis (2025). Environment and Land Appeal E109 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6612/eng@2025-09-16

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