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ELCAllowedThika CMELC Case No. 72 of 2008 (Appeal)· [2025] KEELC 7926 (KLR)

Kigwe v Kirori (Environment and Land Appeal E055 of 2025) [2025] KEELC 7926 (KLR)

High Court of Kenya
13 November 2025
2,504 words in judgment
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The bottom line

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Kenya's High Court let a party file an appeal over three years late because the court itself delayed providing certified proceedings, and froze the lower court orders in the meantime.

What this practically means

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Executive summary

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This ruling by J. M Onyango, Judge, High Court at Thika, determined a Notice of Motion dated 17th August 2023 by the Appellant/Applicant seeking extension of time to file an appeal against the ruling of Hon. S. Atambo delivered on 18th October 2022 in Thika CMELC Case No. 72 of 2008 (Anne Nyambura Kirori v Christopher Kangethe Kigwe), together with a stay of execution and stay of further proceedings pending appeal. The applicant explained the delay on the basis that the ruling was not availed by email until 17th March 2023 and certified proceedings only on 29th June 2023, long after the 30-day appeal period lapsed. He also challenged the subordinate court's jurisdiction on valuation grounds, alleging the order directed transfer of 939 acres valued at Kshs. 900 million, and argued res judicata and limitation. The respondent opposed, clarifying her claim concerned only 26 acres (L.R No. 10823/5912), already transferred to her, and that the applicant was estopped from challenging the 2009 decree. Applying the principles in Nicholas Kiptoo Arap Salat v IEBC, the court found the delay satisfactorily explained, the appeal arguable on jurisdiction, res judicata and limitation grounds, and the Order 42 Rule 6 stay conditions met. The application was allowed in full: leave to appeal out of time granted, appeal deemed properly filed, stay of execution and stay of proceedings granted, with costs abiding the appeal.

Key legal issues

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01

Extension of time to file appeal

Holding

Delay satisfactorily explained as certified copies were not availed within the 30-day period; leave granted.

Reasoning

The court applied the Salat v IEBC principles. It found that a certified copy of the ruling and proceedings were not availed before expiry of the 30-day period for filing an appeal, hence the delay was satisfactorily explained. The appeal also raised arguable issues of jurisdiction, res judicata and limitation.

p. 5
02

Stay of execution pending appeal

Holding

Conditions of Order 42 Rule 6 satisfied: substantial loss demonstrated and security offered.

Reasoning

The court found the applicant demonstrated substantial loss arising from the discrepancy between the orders sought and those extracted, and a real risk of the 26 acres being transferred to third parties. The applicant also offered security, satisfying Order 42 Rule 6 conditions.

p. 5

Legal principles established

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  • In an application for extension of time, the applicant must explain the delay to the satisfaction of the court, per Salat v IEBC principles.

Court orders

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  1. 1.The applicant is granted leave to appeal out of time and the appeal herein is deemed as having been properly filed.
  2. 2.A stay of execution of the Ruling and Order of Hon. S. Atambo delivered at Thika on 18th October 2022 in Thika CMELC Case No 72 of 2008 is hereby granted pending the hearing and determination of the appeal.
  3. 3.The proceedings in Thika CMELC Case No. 72 of 2008 are hereby stayed pending the hearing and final determination of the appeal.
  4. 4.The costs of this application shall abide the appeal.

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6
  • Limitation of Actions Act

Cases cited (2)

  • Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
    (2018) eKLR
  • Nicholas Kiptoo Arap Salat v IEBC & 7 Others
    (2014) eKLR
On appeal from
Chief Magistrate's Court at Thika
Thika CMELC Case No. 72 of 2008
Jurisdiction invoked
Inherent jurisdiction to extend time; Order 42 Rule 6 of the Civil Procedure Rules

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, "Kigwe v Kirori (Environment and Land Appeal E055 of 2025) [2025] KEELC 7926 (KLR)", Case Analysis (2025). Thika CMELC Case No. 72 of 2008 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7926/eng@2025-11-13

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