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ELCPartially AllowedRuling in the appeal lodged by Laare Cofiee Factory on 19/4/2023 against Maua CMC Civil Case No 221 of 2017

Laare Coffee Factory (Suing Through Chairman Lawrence M’mauta) v Kaberia (Substituted in Place of the Late John Kaberia M’ikirima - Deceased) & 4 others (Environment and Land Appeal E027 of 2023) [2026] KEELC 594 (KLR)

Environment and Land Court
5 February 2026
2,741 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court allowed Meru County Government to file a cross-appeal late, confirming courts can extend time when delays are reasonably explained.

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 Meru (B M Eboso, J) on a notice of motion dated 23/9/2025 by the County Government of Meru, the 5th respondent in an appeal by Laare Cofiee Factory against the judgment of the Chief Magistrate's Court at Maua (Hon Tito Gesora) of 6/4/2023 in Maua CMC Civil Case No 221 of 2017. The County Government sought an order arresting delivery of the reserved judgment, leave to file a cross-appeal out of time against the trial judgment affecting land parcel Ithima/Ntunene/1171 which it holds as public land in trust for the people of Meru County, leave to file out-of-time submissions, and admission of its draft memorandum of cross-appeal and submissions. Only the 1st respondent, John Kaberia M'Ikirima, opposed; the appellant and the 2nd to 4th respondents did not. The court framed two issues: whether the criteria for enlargement of time were met, and whether leave to lodge a cross-appeal out of time should issue. Applying the Supreme Court's Salat criteria and Order 50 rule 6, it found the 55-day delay reasonably explained by governance instability, the absence of a substantive County Attorney, and a conflict of interest involving the former CECM, which was unrebutted, and noted the 1st respondent failed to prove dates of service. On the cross-appeal, the court found no legislated limitation period exists, and relying on High Court and subordinate jurisprudence held a cross-appeal must be filed within reasonable time or with leave. The court allowed the application: leave to file a cross-appeal and submissions within 14 days, with costs in the cause. The prayer to arrest judgment was overtaken by events.

Questions the Court framed

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

  1. 1.Whether the general criteria for enlarging time for complying with the directions of the court has been met
  2. 2.Whether the criteria for granting leave to a party to lodge a cross-appeal out of time has been met

Key legal issues

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01

Enlargement of time to file submissions in the main appeal

Holding

The criteria under Order 50 rule 6 were met; the delay of 55 days was reasonably explained by governance instability, absence of a substantive County Attorney, and conflict of interest, and the delay was not shown to be inordinate because the 1st respondent did not prove dates of service.

Reasoning

The court applied the Salat criteria. It found the 1st respondent had not adduced evidence of when submissions were served, so inordinate delay could not be conclusively established. The explanation of administrative gaps between 2022 and early 2025, the absence of a County Attorney, and the CECM's conflict of interest appeared bona fide and unrebutted. Public interest in protecting trust land weighed in favour of enlargement, and no prejudice was demonstrated.

p. 4
02

Leave to file a cross-appeal out of time

Holding

Leave was granted because no limitation period governs cross-appeals, the delay was reasonably explained, arguable issues were raised, and no inordinate or deliberate delay was proved.

Reasoning

The court noted the statutory silence in Section 16 of the ELC Act and Section 79G of the CPA on cross-appeal timelines, relying on third-tier superior court jurisprudence (Kenya Power & Lighting Co Ltd v Peter Langi Mwasi; Christine Aloo v Mary Ouma) that a cross-appeal must be filed within reasonable time or with leave. Delay here was partly attributable to the 1st respondent's death and substitution proceedings. The draft memorandum raised arguable issues and the explanation was accepted.

p. 5

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party, requiring an explanation of the delay, absence of prejudice, and absence of undue delay
  • There is no legislated limitation period for filing a cross-appeal; it must be filed within reasonable time or with leave of the court seized of the main appeal

Court orders

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  1. 1.The 5th respondent [the County Government of Meru] is granted leave to file a cross-appeal and to file submissions on the cross-appeal
  2. 2.The 5th respondent is, similarly, granted leave to file submissions on the main appeal
  3. 3.The cross-appeal and the 5th respondent's submissions on the two appeals shall be filed and served within 14 days from today
  4. 4.Costs of the application shall be in the cause
  5. 5.The matter shall be fixed for directions on a date to be issued at the time of rendering the ruling

The bench

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

majority

Wrote the judgment

On appeal from
Chief Magistrate's Court at Maua
Maua CMC Civil Case No 221 of 2017
Jurisdiction invoked
Order 50 rule 6 and Order 42 rule 32 of the Civil Procedure Rules; Section 16 of the Environment and Land Court Act; Section 79G of the Civil Procedure Act

Relief refused

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Order arresting/staying delivery of judgment in the appeal

The reserved judgment date had already passed by the time the application was heard, rendering the relief moot

p. 3

Costs

Costs of the application shall be in the cause

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.

The 5th respondent [the County Government of Meru] is granted leave to file a cross-appeal and to file submissions on the cross-appeal.
p. 6Final orders - leave to cross-appeal
The cross-appeal and the 5th respondent's submissions on the two appeals shall be filed and served within 14 days from today.
p. 6Final orders - timelines
Costs of the application shall be in the cause.
p. 6Costs
there is no legislated limitation period for filing a cross-appeal. Secondly, a party intending to file a cross-appeal should do so within reasonable time.
p. 5Limitation for cross-appeals

Issues in the judgment

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minor

The supporting affidavit is dated '23/9/3035', an apparent typographical error for 2025

minor

The judgment refers to the trial court holding that parcel 1171 'had encroached into' parcel 11, and elsewhere to the reinstatement of 0.66 acres 'added to Ithima/Ntunene/1711', while other passages refer to parcel 1171 - inconsistent parcel numbering

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, "Laare Coffee Factory (Suing Through Chairman Lawrence M’mauta) v Kaberia (Substituted in Place of the Late John Kaberia M’ikirima - Deceased) & 4 others (Environment and Land Appeal E027 of 2023) [2026] KEELC 594 (KLR)", Case Analysis (2026). Ruling in the appeal lodged by Laare Cofiee Factory on 19/4/2023 against Maua CMC Civil Case No 221 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/594/eng@2026-02-05

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