Lusololi v Mutondo (Environment and Land Miscellaneous Application E046 of 2025) [2026] KEELC 252 (KLR)
The bottom line
#A Kakamega court refused a late appeal because the applicant could not prove why he waited four months to file.
What this practically means
#Executive summary
#Key legal issues
#Good and sufficient cause for extension of time under Section 79G
Application dismissed as applicant failed to explain delay; mere allegation of delayed proceedings without certificate of delay or dates of application/supply is implausible
The court applied Section 79G of the Civil Procedure Act and the Salat criteria. The applicant attributed the delay to slow supply of certified proceedings but did not state when he applied for proceedings or when they were supplied, and did not attach a certificate of delay. The application was filed four months after the impugned decision, which was inordinate and unexplained.
Legal principles established
#- To obtain leave to appeal out of time, the applicant must explain the reason for delay to the satisfaction of the court; the discretion is not exercised whimsically or arbitrarily
Court orders
#- 1.Application dated 25th June 2025 dismissed with costs to the respondent
- On appeal from
- Chief Magistrate's Court, Kakamega
- Kakamega CMC ELC Case no. E064 of 2020
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lusololi v Mutondo (Environment and Land Miscellaneous Application E046 of 2025) [2026] KEELC 252 (KLR)", Case Analysis (2026). Notice of Motion dated 25th June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/252/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.