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ELCDismissedNotice of Motion dated 26th November 2025 (arising from Nakuru BPRT No. E.152 of 2024)· [2026] KEELC 801 (KLR)

Osman v Gilani (Environment and Land Miscellaneous Case E079 of 2025) [2026] KEELC 801 (KLR)

Environment and Land Court
17 February 2026
1,770 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Nakuru refused to extend time for an appeal because the landlord couldn't honestly explain the delay or hide his continued legal involvement.

What this practically means

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Executive summary

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The Applicant, Yahya Yusuf Osman, moved the court by Notice of Motion dated 26th November 2025 seeking stay of execution in Nakuru BPRT No. E.152 of 2024 and leave to appeal out of time against a ruling delivered on 25th September 2025, in which the Tribunal ordered him to clear rent arrears and vacate the premises by 31st October 2025. He claimed his then advocates did not inform him of the ruling. The Respondent, Mohideen Alibhai Gilani, countered that the Applicant was fully represented by Rodi Orege & Co Advocates throughout the consolidated references (Nakuru BPRT No. E.152 of 2024 and No. E.071 of 2025), that after obtaining the ruling he instructed Speline Ondande & Co Advocates and obtained a stay, paid Kshs. 780,732 in three cheques by instalments, and later engaged Naomi Murithi & Co Advocates when faced with eviction. The court applied the Supreme Court guidelines in Salat and County Executive of Kisumu, plus the South African NUM decision, and found the Applicant had not explained the delay and had made material non-disclosure of his continued representation and participation. The claim that he was unaware of the ruling was not tenable. Leave to appeal out of time was refused, rendering a stay of execution superfluous. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Applicant met the threshold for leave to appeal out of time

Holding

Application dismissed; delay not explained to the satisfaction of the court and there was material non-disclosure

Reasoning

The court applied the Salat guidelines, considering the period and explanation for the delay and prejudice to the respondent. The Applicant claimed ignorance of the ruling, but the record showed he was represented, obtained a stay, paid instalments of Kshs. 780,732, changed advocates repeatedly, and sought compliance avenues instead of appealing, showing continuous awareness of the ruling.

p. 3
02

Whether stay of execution pending appeal could issue

Holding

Refused as superfluous once leave to appeal out of time was denied

Reasoning

Since the intended appeal could not be filed without leave and leave was refused, there was no appeal in prospect to stay execution pending; the stay orders therefore fell away.

p. 4

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party at the court's discretion, and the applicant bears the burden of explaining the whole period of delay
  • Without a reasonable and acceptable explanation for the delay, prospects of success are immaterial in an application for extension/condonation
  • A litigant who makes material non-disclosure cannot benefit from the court's discretionary extension of time

Court orders

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  1. 1.Application dismissed
  2. 2.Costs of the application to the Respondent

Authorities

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Cases cited (4)

  • Nicholas Kiptoo Arap Korir Salat vs. Independent Electoral and Boundaries Commission & 7 Others
    [2014] eKLR / (2013) eKLR
  • Attorney General V Law Society of Kenya & another
    [2013] KECA 372 (KLR)
  • County Executive of Kisumu vs County Government of Kisumu & others
    (2017) eKLR
  • National Union of Mineworkers v Council for Mineral Technology
    [1998] ZALAC 22
On appeal from
Business Premises Rent Tribunal (Nakuru BPRT)
Nakuru BPRT No. E.152 of 2024
Jurisdiction invoked
Inherent discretion to extend time for filing an appeal out of time (relying on Supreme Court guidelines in Salat)

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, "Osman v Gilani (Environment and Land Miscellaneous Case E079 of 2025) [2026] KEELC 801 (KLR)", Case Analysis (2026). Notice of Motion dated 26th November 2025 (arising from Nakuru BPRT No. E.152 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/801/eng@2026-02-17

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