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ELCDismissedNotice of Motion dated 30th October 2025 (ELC Case No. 842 of 2017-related)· [2026] KEELC 442 (KLR)

Sokoiyan & another v Kurende & 2 others (Miscellaneous Application E072 of 2025) [2026] KEELC 442 (KLR)

Environment and Land Court
29 January 2026
1,704 words in judgment
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The bottom line

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Kajiado's Environment and Land Court refused to revive a five-year-old land boundary appeal because the applicants took too long without a credible explanation.

What this practically means

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Executive summary

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The Applicants, by a Notice of Motion dated 30th October 2025 under Orders 22 and 43 of the Civil Procedure Rules, sections 3 and 3A of the Civil Procedure Act, the Constitution and the Land Act, sought leave to appeal out of time against a Land Registrar Kajiado report dated 3rd December 2019, a temporary stay of its recommendations, maintenance of the status quo over parcels formerly known as Kajiado/Olchoro-Onyore 68, 126, 282 and 283, and costs. They blamed former advocates for failing to inform them of the report, and contended the report was unimplementable because the land had been subdivided, titles issued and over 20,000 families occupied it. The 1st Respondent opposed, showing the 1st Applicant participated in the 30th May 2019 boundary determination, that the report was filed on 9th July 2020, and that the applicants had been indolent beyond the 30-day statutory period. Framing the sole issue as whether the criteria for extension of time were met, the court applied section 79G of the Civil Procedure Act and the Leo Sila Mutiso principles. It found the delay of over five years inordinate and unexplained; blame on former advocates did not constitute good and sufficient cause given the applicants' participation in the 2019 process. Arguability arising from the changed ground situation could not cure the delay, and the respondent was entitled to finality. The application was dismissed with costs to the 1st Respondent.

Key legal issues

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01

Whether good and sufficient cause existed for filing the appeal out of time

Holding

No - the delay of over five years was inordinate and inadequately explained

Reasoning

Applying section 79G of the Civil Procedure Act and the Leo Sila Mutiso principles, the court held the five-year delay inordinate. The applicants knew of the 2019 site visit and their blame on former advocates could not explain years of inaction. Arguability alone cannot cure unexplained, inordinate delay.

p. 4
02

Whether the changed ground situation (20,000+ families occupying the land) rendered the appeal arguable enough to grant leave

Holding

It may raise an arguable point but is insufficient to cure the inordinate delay

Reasoning

The court accepted that mass occupation and the status of titles might raise an arguable point about execution of the report, but held this factor alone could not overcome the failure to explain the delay, and that litigation must come to an end.

p. 4

Legal principles established

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  • The decision whether or not to grant leave to appeal out of time is a judicial discretion which must be exercised on laid down principles, not on sympathy or benevolence.
  • The factors for extension of time are the length of the delay, the reason for the delay, the arguability of the appeal and the degree of prejudice to the respondent.
  • Where the appellant has no valid excuse for delay, the appeal must be dismissed as time-barred even at the risk of hardship.

Court orders

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  1. 1.The Notice of Motion dated 30th October 2025 is dismissed with costs to the 1st Respondent.
Jurisdiction invoked
Sections 79G and 3A of the Civil Procedure Act; section 16A of the Environment and Land Court Act; Orders 22 and 43 of the Civil Procedure Rules

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, "Sokoiyan & another v Kurende & 2 others (Miscellaneous Application E072 of 2025) [2026] KEELC 442 (KLR)", Case Analysis (2026). Notice of Motion dated 30th October 2025 (ELC Case No. 842 of 2017-related). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/442/eng@2026-01-29

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