Kigwe v Kirori (Environment and Land Appeal E055 of 2025) [2025] KEELC 7926 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Extension of time to file appeal
Delay satisfactorily explained as certified copies were not availed within the 30-day period; leave granted.
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.
Stay of execution pending appeal
Conditions of Order 42 Rule 6 satisfied: substantial loss demonstrated and security offered.
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.
Legal principles established
#- 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
#- 1.The applicant is granted leave to appeal out of time and the appeal herein is deemed as having been properly filed.
- 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.The proceedings in Thika CMELC Case No. 72 of 2008 are hereby stayed pending the hearing and final determination of the appeal.
- 4.The costs of this application shall abide the appeal.
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.