Muthare & 9 others v Land Adjudication and Settlement Officer – Tigania East and West & 2 others (Environment and Land Case 23 of 2018) [2026] KEELC 132 (KLR)
The bottom line
#Once a notice of appeal is sent to the Court of Appeal, only that court—not the Environment and Land Court—can mark it withdrawn.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the notice of appeal could be withdrawn by an oral plea made before the ELC after it had been transmitted to the Court of Appeal Registry
Key legal issues
#Whether the ELC retains power to permit withdrawal of a notice of appeal already transmitted to the Court of Appeal
It does not; once transmitted, the Court of Appeal is seized of the notice of appeal and only that court may mark it withdrawn
The court reasoned that lodgment of a notice of appeal in the ELC Registry triggers its transmission to the Court of Appeal Registry, at which point seizure of the notice shifts to the Court of Appeal. Any application or plea to withdraw it must therefore be made to the Court of Appeal, not the trial court, making the oral plea before the ELC misdirected.
Legal principles established
#- Once a notice of appeal is lodged in the ELC Registry and transmitted to the Court of Appeal Registry, the Court of Appeal is seized of it and only the Court of Appeal can mark it withdrawn
Court orders
#- 1.The oral plea to withdraw the notice of appeal was declined as misdirected; the notice of appeal can only be marked 'Withdrawn' by the Court of Appeal which is seized of it
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in the excerpt; the ruling concerns transmission of a notice of appeal from the ELC Registry to the Court of Appeal Registry
Relief refused
#Oral withdrawal of the notice of appeal before the ELC
Once the notice of appeal is lodged and transmitted to the Court of Appeal Registry, the Court of Appeal is seized of it and only it may mark it withdrawn
Costs
No costs order appears in the excerpt provided
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Once a notice of appeal is lodged in the ELC Registry in relation to an impugned decision of the court, it is transmitted to the Court of Appeal Registry. At this point, it is the Court of Appeal which is seized of the Notice of Appeal.
The Notice of Appeal can only be marked “Withdrawn” by the Court of Appeal which is seized of it. The oral plea to withdraw the notice of appeal is misdirected.
Issues in the judgment
#The judgment text provided is a fragment (page 2 of the ruling); the case title, case number, full background, and any costs order are not included
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muthare & 9 others v Land Adjudication and Settlement Officer – Tigania East and West & 2 others (Environment and Land Case 23 of 2018) [2026] KEELC 132 (KLR)", Case Analysis (2026). Unknown. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/132/eng@2026-01-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.