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ELCPartially AllowedNot stated in judgment (Originating Summons dated 11-3-2025)· [2026] KEELC 422 (KLR)

Gitau v Agriculture Finance Corporation & 4 others (Environment and Land Case E002 of 2023) [2026] KEELC 422 (KLR)

Environment and Land Court
3 February 2026
1,135 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed you can still get permission to appeal months after missing the deadline, if you explain the delay honestly and show no one gets hurt.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Murang'a (M.N. Gicheru J) on a notice of motion dated 16-6-2025 by the 3rd Defendant, Peter Waititu Waruinge, proprietor of Digit Auctioneers, brought under Section 9 of the Appellate Jurisdiction Act (Cap 9) and Orders 9 rule 9 and 51 rules 1 and 3 of the Civil Procedure Rules. The applicant sought leave to change advocates from M/s Eurry S. Mabonga to M/s Kinyua Njogu & Co. Advocates and an extension of time to file a notice of appeal against a judgment delivered on 3-10-2024. He explained that his former advocate was an in-house advocate of the 1st Defendant with whom he had lost touch, and that he only learnt of the judgment in April 2025 from the 4th Defendant. The Plaintiff opposed, contending the court was functus officio, that no valid reason for the eight-month delay was given, and that the applicant had not paid damages as ordered while a loan on the suit land continued accruing interest. The court framed two issues: its jurisdiction to extend time, and the principles governing the discretion. It held that Section 7 of the Appellate Jurisdiction Act confers power to extend time even after expiry, and applied the seven principles in the Supreme Court's Salat decision. Finding the explanation for delay credible and no prejudice to the Plaintiff given the Court of Appeal's stay of execution of 5-6-2025, the court allowed the motion in terms of prayer 3, ordering the notice of appeal to be filed within 14 days, with costs in the cause.

Key legal issues

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01

Jurisdiction to extend time for filing a notice of appeal to the Court of Appeal

Holding

The Environment and Land Court has power to extend time under Section 7 of the Appellate Jurisdiction Act notwithstanding expiry of the time, rejecting the plaintiff's functus officio objection.

Reasoning

The plaintiff argued the court became functus officio upon delivery of judgment and had no power to extend time for a notice of appeal to the Court of Appeal. The court relied on the express wording of Section 7 of the Appellate Jurisdiction Act (Cap 9), which permits extension of time for giving notice of intention to appeal even where the time has already expired, and held that the power exists.

p. 2
02

Discretion to extend time - applicable principles and their application

Holding

Applying the seven Salat principles, the applicant's explanation for the delay could well be true, and since a stay of execution was already in place the respondent would suffer no extra prejudice; extension was granted.

Reasoning

The court adopted the seven principles from Nicholas Kiptoo Arap Korir Salat v IEBC (Supreme Court, Application No. 16 of 2014). It found the explanation for the eight-month delay (loss of touch with an in-house advocate who left the 1st Defendant, and late learning of the judgment) credible, noted the Court of Appeal's stay of execution of 5-6-2025 meant no prejudice to the respondent, and found it fair to allow the extension.

p. 3

Legal principles established

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  • The High Court (and courts of equal status) has power under Section 7 of the Appellate Jurisdiction Act to extend time for giving notice of intention to appeal even after the time has expired.
  • Extension of time is an equitable remedy, not a right, available only to a deserving party who must lay a basis for it and explain any delay.

Court orders

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  1. 1.Notice of motion dated 16-6-2025 allowed in terms of prayer 3
  2. 2.Notice of appeal to be filed within 14 days
  3. 3.Costs in the cause
Jurisdiction invoked
Section 7 of the Appellate Jurisdiction Act (Cap 9)

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, "Gitau v Agriculture Finance Corporation & 4 others (Environment and Land Case E002 of 2023) [2026] KEELC 422 (KLR)", Case Analysis (2026). Not stated in judgment (Originating Summons dated 11-3-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/422/eng@2026-02-03

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