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ELCDismissedNot stated in the judgment· [2025] KEELC 7021 (KLR)

Kiilu v Muange (Environment and Land Appeal E002 of 2024) [2025] KEELC 7021 (KLR)

Environment and Land Court
16 October 2025
EOE. O. Obaga
2,254 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner lost his bid to appeal late because he waited too long and tried to challenge the same ruling twice.

What this practically means

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Executive summary

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The Applicant, David Kangethe Kiilu, moved the Environment and Land Court by Notice of Motion dated 19th March 2025 under Sections 1A, 1B, 3A, 79G and 95 of the Civil Procedure Act and Order 50 of the Civil Procedure Rules, seeking leave to appeal out of time against a magistrate's court judgment (Hon. A.G. Ndung'u) of 29/6/2023 ordering him to vacate Plot No. 1172 Nguu Ranch Settlement Scheme within six months, failing which eviction under Section 152G of the Land Act. His application for review (Hon. E. Mbicha) was dismissed on 19/9/2024 with a one-year stay of execution to enable him to seek extension of time, but he filed the present application only on 19/3/2025. The Respondent opposed, contending the delay of nearly sixteen months was inordinate and unexplained and that pursuing an appeal after an unsuccessful review re-litigates the same issues and abuses court process. Applying the Thuita Mwangi v Kenya Airways guidelines and the authorities in HA v LB and Kemboi v Keino, the court (E.O. Obaga J) held the delay unexplained - the Applicant had 'gone to slumber because of the one year stay granted' - that the intended appeal attacking both the judgment and the review ruling is an abuse of process, and that the appeal, framed around a boundary dispute between adjacent parcels 1171 and 1172, may not succeed. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether leave to appeal out of time should be granted

Holding

Application dismissed: delay unexplained, appeal not arguable, and pursuing appeal after failed review is an abuse of process

Reasoning

The court applied the Thuita Mwangi guidelines: length and reason for delay, chances of success, and prejudice. Judgment was delivered 26/6/2023, review dismissed 19/9/2024 with one year stay, yet the extension application was only filed 19/3/2025 with no explanation - the Applicant 'went to slumber because of the one year stay'. The intended appeal attacks both the review ruling and the judgment, an abuse of process per HA v LB, and the boundary-dispute framing suggests it may not succeed.

p. 5

Legal principles established

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  • Where a party has unsuccessfully sought review of an order, pursuing an appeal against the same order amounts to an abuse of the process of the court; the party can only appeal against the decision on review

Court orders

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  1. 1.The Applicant's Notice of Motion dated 19th March 2025 is dismissed with costs to the Respondent
Jurisdiction invoked
Sections 1A, 1B, 3A, 79G and 95 of the Civil Procedure Act; Orders 50 Rules 1, 2, 3, 4 and 5 of the Civil Procedure Rules, 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, "Kiilu v Muange (Environment and Land Appeal E002 of 2024) [2025] KEELC 7021 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7021/eng@2025-10-16

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