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ELCPartially AllowedNotice of motion dated 20/6/2025 (arising from Nkubu SPMC E & L Case No. E028 of 2023)

M’Muguongo & another v Mugambi (Environment and Land Miscellaneous Case E029 of 2025) [2025] KEELC 7190 (KLR)

Environment and Land Court
21 October 2025
1,724 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The court gave landowners 10 extra days to file their appeal, but refused to stop execution and imposed Kshs 25,000 in costs with strict default consequences.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) on a notice of motion dated 20/6/2025 by Ibrahim Mutuma M'Muguongo and Stephen Kaaria M'Ananua, who were defendants in Nkubu SPMC E & L Case No. E028 of 2023, in which the trial court cancelled the registration of the 2nd applicant as proprietor of land parcel Nkuene/Mitunguu/Kithino/2272 and issued a permanent injunction. The applicants sought enlargement of time to appeal, stay of execution, and an order deeming their draft memorandum of appeal as duly filed. The respondent opposed, alleging indolence, bad faith and abuse of process. The court framed two issues: enlargement of time and stay of execution. Applying the principles in Salat v IEBC and Mukora Mwangi v Charles Gichina under section 16A of the ELC Act and section 79G of the Civil Procedure Act, the court found the delay of about 29 days not inordinate, but rejected the applicants' explanation that they were waiting for certified copies, since the judgment was accessible on the CTS platform. Finding the appeal arguably not wholly hopeless and no demonstrated prejudice to the respondent, the court enlarged time by 10 days, requiring the appeal to be lodged as a fresh cause. Stay of execution was declined without entering its merits, to be renewed in the appeal, and the deeming prayer was refused because the memorandum was a draft exhibited in a miscellaneous application. Throw-away costs of Kshs 25,000 were awarded, with default vacation of the enlargement order.

Questions the Court framed

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

  1. 1.Whether the application meets the criteria for enlargement of time for lodging an appeal in this court
  2. 2.Whether the application meets the criteria for granting an order of stay of execution pending disposal of an appeal by a first appellate court

Key legal issues

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01

Whether the applicants established grounds for enlargement of time under section 16A ELC Act and section 79G Civil Procedure Act

Holding

Delay of about 29 days was not inordinate; although the explanation (waiting for certified copies) was rejected, the other factors (arguable appeal, no prejudice) tilted in favour of enlargement

Reasoning

The court applied the Salat and Mukora Mwangi principles. The judgment was publicly accessible on the CTS platform, so waiting for certified copies was a lame excuse. However, delay of about 29 days was not inordinate, the draft memorandum suggested an arguable appeal (trust claim not wholly hopeless), and the respondent showed no evidence of prejudice, compensable by costs of Kshs 25,000.

p. 3
02

Whether stay of execution could be granted in the miscellaneous application

Holding

Declined without merits; the plea must be renewed in the intended appeal once filed

Reasoning

The court held that stay pending appeal presupposes a duly filed and valid appeal. Since there was no guarantee the applicants would file the intended appeal, and the miscellaneous application stands disposed on delivery of the ruling, the stay question could not properly be determined at that stage.

p. 3
03

Whether the draft memorandum of appeal could be deemed duly filed

Holding

Refused; a draft exhibited in a miscellaneous application cannot be deemed an appeal

Reasoning

The court noted three objections: the document was a draft; it was merely an exhibit; and it was exhibited in a miscellaneous application which stands disposed upon delivery of the ruling and is not available as an appeal cause. A proper appeal must be filed as a fresh cause and served.

p. 4

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 laying a basis for it
  • In deciding whether to enlarge time, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding and the degree of prejudice to the respondent

Court orders

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  1. 1.The time for lodging an appeal against the judgment dated 24/4/2025 in Nkubu SPMC E & L Case No. E028 of 2023 is enlarged by 10 days from today, the appeal to be lodged as a fresh cause
  2. 2.The plea for an order of stay of execution is declined at this point without venturing into its merits; the applicants are directed to renew the plea in the intended appeal once filed
  3. 3.The applicants shall pay the respondent throw-away costs of Kshs. 25,000/- within 30 days; in default, the time-enlargement order shall stand vacated and any appeal filed pursuant to the order shall stand struck out with costs

The bench

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

majority

Wrote the judgment

On appeal from
Nkubu Senior Principal Magistrate's Court
SPMC E & L Case No. E028 of 2023
Jurisdiction invoked
Section 16A of the Environment and Land Court Act and Section 79G of the Civil Procedure Act

Relief refused

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Order of stay of execution of the judgment in Nkubu SPMC E & L Case No. E028 of 2023

Stay is a question to be answered on the platform of a duly filed and valid appeal; no guarantee the applicants will file the intended appeal

p. 3

Deeming the exhibited draft memorandum of appeal as duly filed

The exhibit was a draft, exhibited in a miscellaneous application which stands disposed on delivery of the ruling; a proper appeal must be filed as a fresh cause

p. 4

Costs

The applicants shall pay the respondent throw-away costs of Kshs. 25,000/- within 30 days from today; in default, the time-enlargement order shall stand vacated and any appeal filed pursuant to the order shall stand struck out with costs

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.

The time for lodging an appeal against the judgment dated 24/4/2025 in Nkubu SPMC E & L Case No. E028 of 2023 is enlarged by 10 days from today. The appeal shall be lodged as a fresh cause.
p. 4Final orders - enlargement of time
The plea for an order of stay of execution is declined at this point without venturing into its merits and the applicants are directed to renew the plea in the intended appeal once the intended appeal is filed.
p. 4Final orders - stay of execution declined
The applicants shall pay the respondents throw-away costs of Kshs. 25,000/- within 30 days from today. In default, the time-enlargement order shall stand vacated and any appeal filed pursuant to the order shall stand struck out with costs.
p. 4Final orders - costs and default
The contention that the applicants were waiting for certified copies of the judgment and the proceedings is a lame excuse. I reject it.
p. 3Reason for delay rejected

Issues in the judgment

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minor

The judgment states inconsistently that judgment was rendered on 24/4/2025 and on 29/4/2025

minor

Limitation period computation: if judgment was delivered 24/4/2025, the 30-day period would lapse on 24/5/2025 as stated, but the judgment also describes 24/4/2025 as '4 days after delivery of the said judgment'

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, "M’Muguongo & another v Mugambi (Environment and Land Miscellaneous Case E029 of 2025) [2025] KEELC 7190 (KLR)", Case Analysis (2025). Notice of motion dated 20/6/2025 (arising from Nkubu SPMC E & L Case No. E028 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7190/eng@2025-10-21

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