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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)

Environment and Land Court
19 January 2026
127 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Once a notice of appeal is sent to the Court of Appeal, only that court—not the Environment and Land Court—can mark it withdrawn.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

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Executive summary

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This is a short ruling delivered by the Environment and Land Court at Meru (B M Eboso J) on 19 January 2026. The court was asked, apparently orally, to allow withdrawal of a notice of appeal lodged in the ELC Registry against an impugned decision of the court. The judge held that once a notice of appeal is lodged in the ELC Registry, it is transmitted to the Court of Appeal Registry, at which point the Court of Appeal becomes seized of the notice. Consequently, the ELC has no power to mark the notice withdrawn; only the Court of Appeal which is seized of it can do so. The oral plea to withdraw the notice of appeal was therefore held to be misdirected. The ruling is procedural in nature and does not determine the merits of the underlying suit between the plaintiff and the defendants. The excerpt provided records the appearance of counsel for the plaintiff and the 2nd Defendant, with the 1st Defendant absent, and notes the court assistant. No costs order, statutes, or case authorities appear in the text supplied. The full context of the suit, including the case number and the underlying dispute, is not contained in the excerpt.

Questions the Court framed

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

  1. 1.Whether the notice of appeal could be withdrawn by an oral plea made before the ELC after it had been transmitted to the Court of Appeal Registry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

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01

Whether the ELC retains power to permit withdrawal of a notice of appeal already transmitted to the Court of Appeal

Holding

It does not; once transmitted, the Court of Appeal is seized of the notice of appeal and only that court may mark it withdrawn

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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

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

majority

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

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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

p. 2

Costs

No costs order appears in the excerpt provided

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.

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.
p. 2Seizure of notice of appeal after transmission to the Court 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.
p. 2Disposition - refusal of oral withdrawal of notice of appeal

Issues in the judgment

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material

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

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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, "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.