Mushene v Karungu & 5 others (Land Case Appeal E066 of 2025) [2026] KEELC 929 (KLR)
The bottom line
#The Environment and Land Court in Kajiado refused a five-month-late appeal because the applicant filed an incomplete appeal record.
What this practically means
#Executive summary
#Key legal issues
#Whether the Appellant established sufficient cause for extension of time to file an appeal out of time.
The application was refused because the Appellant failed to demonstrate sufficient cause and failed to comply with basic procedural rules on the record of appeal, leaving the court unable to assess whether the intended appeal was arguable.
The court accepted that Section 95 of the Civil Procedure Act, Order 50 Rule 6 of the Civil Procedure Rules and Section 16A(2) of the ELC Act confer a discretion to extend time where sufficient cause is shown. Applying the Salat principles, it found the delay unexplained: the Appellant did not annex the full record of appeal, only incomplete proceedings, part of the judgment, the decree and a CTS outage statement. Without the complete record, arguability could not be determined, and the application was struck out with costs.
The importance of a complete record of appeal in the adjudication of appeals.
An appeal lacking the requisite documentation is incompetent and divests the court of jurisdiction.
Relying on the Supreme Court decision in Bwana v Bonaya and Order 42 Rule 13(4) of the Civil Procedure Rules, the court restated that a record of appeal must include the memorandum of appeal, pleadings, the magistrate's notes, transcripts, exhibits, and the judgment, order or decree appealed from. The Practice Directions No. 14 of 2025 for the ELC restate the same components. Because the Appellant annexed only incomplete proceedings and parts of the judgment, the intended appeal could not be assessed.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party at the court's discretion; the applicant must explain the delay, show absence of prejudice, and apply without undue delay.
- A complete record of appeal is essential; without it an appeal is incompetent and defective and a court cannot exercise its adjudicatory powers.
Court orders
#- 1.The Appellant's Notice of Motion dated 29 October 2025 seeking leave to file an appeal out of time is struck out with costs.
- On appeal from
- Kajiado Magistrate's Court (Kajiado Magistrate Courts MC. ELC 61 of 2019)
- MC. ELC 61 of 2019
- Jurisdiction invoked
- Section 95 of the Civil Procedure Act (Cap. 21); Order 50 Rule 6 of the Civil Procedure Rules, 2010; Section 16A(2) of the Environment and Land Court Act (Cap. 8D)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mushene v Karungu & 5 others (Land Case Appeal E066 of 2025) [2026] KEELC 929 (KLR)", Case Analysis (2026). Kajiado ELC (Appeal) — ELCLA/E042/2025 (Application dated 29 October 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/929/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.