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ELCOtherEnvironment and Land Appeal E109 of 2021

Gedion & 2 others v Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6797 (KLR)

Environment and Land Court
7 October 2025
311 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court in Meru cancelled a scheduled judgment because the appeal record was missing key certified documents; the appeal itself remains undecided.

What this practically means

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Executive summary

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This is a procedural order issued by the Environment and Land Court at Meru (B M Eboso, J) in a pending first-instance appeal, Environment and Land Appeal E109 of 2021, between Stephen Kiogora Gedion and two other appellants on one side and Samson Thuranira, a Member of County Assembly for Ntima West Ward, and the County Government of Meru on the other. The appeal had been scheduled for judgment on 5/11/2025, but an earlier judgment date had been vacated because advocates misled the court that written submissions had been filed when none had been. While preparing to write the judgment, the court discovered serious omissions in the record of appeal: it lacked typed and certified copies of the trial court's proceedings, the memorandum of appearance, the defence, and a certified copy of the decree of the trial court. Rather than strike the appeal out summarily, the court directed the parties to attend court on 5/11/2025 at 9.00 a.m to show cause why the appeal should not be struck out in limine on those grounds, and vacated the order reserving the judgment date. The Registry was ordered to extract the order, upload it onto the CTS and serve the parties' advocates within 48 hours. No costs order was made. The appeal itself remains undecided.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appeal should be struck out in limine for want of typed and certified copies of the trial court proceedings and other missing documents
  2. 2.Whether the order reserving a judgment date should be vacated

Key legal issues

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01

Adequacy of the record of appeal

Holding

The record is defective for omission of certified proceedings, memorandum of appearance, defence and certified decree, warranting a show-cause direction on striking out

Reasoning

While preparing the judgment the court discovered the record lacked typed and certified proceedings plus other essential documents. Rather than strike out the appeal summarily, the court directed the parties to show cause, and vacated the judgment date previously reserved.

p. 1

Legal principles established

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  • A record of appeal must contain typed and certified copies of the trial court proceedings and other essential documents; an appeal lacking them may be struck out in limine

Court orders

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  1. 1.The order reserving a judgment date in the appeal is vacated
  2. 2.Parties to attend court on 5/11/2025 at 9.00 a.m to show cause why the appeal should not be struck out in limine on the grounds of missing documents
  3. 3.The Court Registry to ensure the order is extracted, uploaded onto the CTS and served on the parties' advocates within 48 hours

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court Act - appellate jurisdiction (Environment and Land Appeal E109 of 2021)

Relief refused

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Delivery of judgment on 5/11/2025 as scheduled

The record of appeal lacks essential documents including certified proceedings, memorandum of appearance, defence and certified decree

p. 1

Costs

No costs order made

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Let the parties attend court on 5/11/2025 at 9.00 a.m to show cause why the appeal should not be struck out in limine on the above grounds. Due to the missing important documents, the order reserving a judgment date in this appeal is hereby vacated.
p. 1vacation of judgment date and show-cause direction
The Court Registry shall ensure this order is extracted, uploaded onto the CTS and served on the parties’ advocates within 48 hours.
p. 1final orders

Issues in the judgment

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minor

This is an interlocutory order, not a judgment disposing of the appeal; the appeal remains pending with a show-cause date fixed

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 Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6797 (KLR)", Case Analysis (2025). Environment and Land Appeal E109 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6797/eng@2025-10-07

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