Okeya v CAL & another; Russo (Proposed Interested Party) (Environment and Land Appeal E017 of 2020) [2025] KEELC 6807 (KLR)
The bottom line
#The Environment and Land Court in Kakamega dismissed a delayed review application, confirming that unexplained delay kills review and that appeal—not review—is the remedy.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for review under Section 80 of the Civil Procedure Act and Order 45(1) of the Civil Procedure Rules was met
The threshold was not met: the application was made after an inordinate and unexplained delay of 21 months, and the applicant neither disclosed which statutory ground applied nor demonstrated new matter, error apparent on the record, or sufficient reason; the grounds were merely a regurgitation of the earlier failed joinder application.
The court set out the statutory grounds for review and the requirement of promptness. The decision sought to be reviewed was the ruling of 18th September 2023 declining joinder; the review application came 21 months later with no explanation. The applicant's averments merely garnished the joinder application dated 5th October 2022, without showing the added narration was unknown earlier or that an obvious error existed.
Whether the court could order proper registration of the 2nd respondent
No; such an order falls outside the jurisdiction conferred by Article 162(2)(b) of the Constitution and section 13 of the Environment and Land Court Act, and there was no evidence of obstruction of registration.
The court held that its mandate is limited to environment and land disputes concerning use, occupation of and title to land. Directing the registration of the 2nd respondent as a CBO or NGO is not within that mandate. Further, the applicant adduced no evidence that anyone stopped the 2nd respondent from being registered as a particular entity.
Legal principles established
#- An application for review must be made without unreasonable delay, and unexplained delay of 21 months is inordinate and cannot be excused.
- A party who fails to demonstrate any ground for review — new and important matter, error apparent on the face of the record, or sufficient reason — cannot obtain review; the remedy is appeal.
- The jurisdiction of the Environment and Land Court is limited to disputes concerning the environment and the use, occupation of and title to land; orders on registration of an entity fall outside it.
Court orders
#- 1.The application dated 1st April 2025 is dismissed with costs to the appellant
- 2.The appeal shall be heard and determined within 6 months
- 3.The appellant shall file and serve submissions in 21 days and, upon service, the respondent shall file and serve their submissions in 21 days
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution of Kenya as read with section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okeya v CAL & another; Russo (Proposed Interested Party) (Environment and Land Appeal E017 of 2020) [2025] KEELC 6807 (KLR)", Case Analysis (2025). Appeal (number not stated in judgment) — ruling on notice of motion dated 1st April 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6807/eng@2025-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.