Ngigi & 3 others v Githiomi (Environment and Land Appeal E025 of 2025) [2026] KEELC 1082 (KLR)
The bottom line
#The Environment and Land Court in Nyandarua refused four litigants permission to appeal a 2022 land judgment, ruling you cannot chase review after choosing an appeal.
What this practically means
#Executive summary
#Key legal issues
#Election between Appeal and Review
Filing a memorandum of Appeal demonstrates a preference for Appeal, precluding Review; a dismissed Review cannot be followed by a fresh attempt to Appeal out of time
The court applied Section 80 of the Civil Procedure Act, which permits review by a person aggrieved by a decree or order. However, the Applicants had already filed a memorandum of Appeal on 5/4/2023 and a prior appeal (Nyandarua ELCA No. E007 of 2023) which was dismissed and then withdrawn. Having elected Appeal, their Review application ought not to have been entertained, and its dismissal on 26/3/2025 could not open the door to a fresh extension of time to Appeal.
Stay of execution pending intended Appeal
Stay of execution cannot stand where there is no viable intended Appeal
Because the extension of time to Appeal was refused, there was no intended Appeal on the way to which a stay could attach. The Respondent had already commenced execution through Tango Auctioneers, and prior similar applications had been dismissed, including one dated 30/4/2025 dismissed on 3/9/2025. Granting a stay would merely perpetuate delay in a matter the court considered long overdue for conclusion.
Legal principles established
#- A party who prefers an Appeal by filing a memorandum of Appeal cannot simultaneously or subsequently pursue a Review of the same judgment; the two remedies are mutually exclusive
- There must be an end to litigation; successive applications abuse the court process
Court orders
#- 1.The Application dated 17/9/2025 is dismissed
- 2.Costs of the Application awarded to the Respondent
- On appeal from
- Chief Magistrate's Court, Nyahururu
- CMELC No. 359 of 2018
- Jurisdiction invoked
- Section 80 of the Civil Procedure Act (review) and inherent jurisdiction over stay of execution and extension of time to appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ngigi & 3 others v Githiomi (Environment and Land Appeal E025 of 2025) [2026] KEELC 1082 (KLR)", Case Analysis (2026). Application dated 17/9/2025 (arising from CMELC No. 359 of 2018, Nyahururu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1082/eng@2026-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.