Kiama v Thiong’o & 2 others (Miscellaneous Application E001 of 2023) [2025] KEELC 7901 (KLR)
The bottom line
#The Environment and Land Court in Thika refused to let a landowner appeal late, ruling that unexplained delay does not earn the court's discretion.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal out of time should be granted
Leave refused. The Applicant filed the earlier appeal out of time without leave, that appeal was struck out as a nullity, and the present motion offered no new explanation for the delay.
The court applied the Salat principles: extension of time is a discretionary equitable remedy requiring a satisfactory explanation for the delay. The Applicant blamed lack of notice of the judgment but produced no credible material showing the delay was excusable or that he acted promptly upon learning of the judgment. The judgment was delivered 25th May 2022, an appeal was filed without leave on 1st August 2022 and struck out in June 2023, and the present motion was filed a month later without new justification.
Whether execution should be stayed and an injunction issued pending appeal
Refuted by the dismissal of the substantive application for leave; no stay or injunction could issue in the absence of a valid appeal.
The court framed the second question as conditional: 'if so whether execution ought to be stayed.' Since the Applicant failed the threshold for enlargement of time, the conditional relief for stay of execution and injunction pending the intended appeal fell away with the dismissal of the application.
Legal principles established
#- Extension of time is an equitable discretionary remedy and the applicant must explain the delay to the satisfaction of the court
- No minimum or maximum period of delay is prescribed; the delay must be plausibly explained
Court orders
#- 1.The Notice of Motion dated 3rd July 2023 is dismissed
- 2.Costs of the application to the 1st Respondent
- On appeal from
- Chief Magistrate's Court, Kiambu
- Kiambu CMCELC No. 21/2019
- Jurisdiction invoked
- Section 16A of the Environment and Land Court Act and Order 50 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiama v Thiong’o & 2 others (Miscellaneous Application E001 of 2023) [2025] KEELC 7901 (KLR)", Case Analysis (2025). Misc Application No E001 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7901/eng@2025-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.