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ELCStruck OutNot stated in judgment (Memorandum of Appeal dated 14/12/2023)

M’Aciuri & 2 others v M’naituli & another (Environment and Land Appeal E051 of 2023) [2025] KEELC 7592 (KLR)

Environment and Land Court
4 November 2025
261 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court struck out an appeal filed without the named appellants' consent, showing unauthorized appeals will not survive.

What this practically means

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Executive summary

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This was an appeal lodged by a memorandum of appeal dated 14 December 2023, drawn by M/s M G Kaume & Co Advocates, naming the District Land Adjudication and Settlement Officer and the Attorney General as the 2nd and 3rd appellants alongside a first appellant. On 23 October 2025, the Attorney General, through Senior State Counsel Ms E. Wairimu, disowned the appeal, stating that the advocates were never instructed to lodge it. The court then issued a notice to show cause, served on the advocates on 24 October 2025, requiring them to attend and demonstrate why the appeal should not be struck out as an abuse of the process of the court. The advocates did not attend court to offer any explanation, and the appellants were also absent. Holding that the appeal was joint and had been disowned by two of the three appellants, the court struck it out. Because it could not determine which of the three appellants bore responsibility for the unauthorized filing, the court declined to award costs. The judgment was delivered ex tempore at Meru on 4 November 2025 by B M Eboso, ELC Judge, with Carl Peters Mbaabu appearing for the respondent and Ms Wairimu for the 2nd and 3rd appellants. No authorities or statutes were cited in the judgment.

Questions the Court framed

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

  1. 1.Whether an appeal disowned by two of the three joint appellants, filed without their instruction, should be struck out as an abuse of the process of the court

Key legal issues

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01

Whether the appeal should be struck out as an abuse of process

Holding

The appeal was struck out because two of the three joint appellants disowned it and the advocates on record failed to attend court to show cause why it should be sustained

Reasoning

The Attorney General disowned the appeal, stating the advocates were never instructed to lodge it. The court issued a notice to show cause, served on the advocates, who did not attend to explain. With two of three joint appellants disowning the appeal, the court found it an abuse of process and struck it out. Costs were withheld because responsibility for the filing could not be attributed to a specific appellant.

p. 2

Legal principles established

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  • An appeal filed without the instruction of the appellants on whose behalf it is lodged, and disowned by them, is an abuse of the process of the court and may be struck out

Court orders

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  1. 1.The appeal is struck out for being an abuse of the process of the court
  2. 2.No award of costs due to lack of clarity on which of the three appellants was responsible

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court (memorandum of appeal dated 14/12/2023; specific provision not stated in the judgment)

Relief refused

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Costs against any party

The court could not determine which of the three appellants was responsible for the filing of the unauthorized appeal

p. 2

Costs

No costs awarded - each party to bear own costs as no order for costs was 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.

The advocates have not attended court to tender an explanation as to why the appeal, which has been disowned by two out of the three appellants, should be sustained. It is a joint appeal.
p. 2abuse of process - appeal filed without instructions
In the above circumstances, the appeal is struck out on the above ground. Due to lack of clarity on who out of the three appellants was responsible for this fiasco, there will be no award of costs.
p. 2final orders - striking out and no costs

Issues in the judgment

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minor

The judgment does not state the case number, the parties' full names, or the court/tribunal from which the appeal was brought, and no statutory basis for the appeal is cited

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’Aciuri & 2 others v M’naituli & another (Environment and Land Appeal E051 of 2023) [2025] KEELC 7592 (KLR)", Case Analysis (2025). Not stated in judgment (Memorandum of Appeal dated 14/12/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7592/eng@2025-11-04

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