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ELCAllowedKisumu MC ELC No. E019 of 2024 (appeal therefrom)· [2026] KEELC 1495 (KLR)

Akumu & 2 others v Akumu & 2 others (Land Case E043 of 2023) [2026] KEELC 1495 (KLR)

Environment and Land Court
12 March 2026
469 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court allowed a late land appeal and paused title cancellation, provided Kshs.100,000 security is deposited within 45 days.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kisumu (E. Asati, J) determined a Notice of Motion dated 23rd January 2026 in an appeal against the judgment and decree of Hon. V. Adhiambo (Senior Resident Magistrate) in Kisumu MC ELC No. E019 of 2024 delivered on 20th May 2024. The application, served on the Respondent by email on 28th January 2026 and not opposed, sought leave to appeal out of time, or in the alternative deemed filing of the appeal, and stay of execution of the trial court's judgment pending appeal. The court considered a consent dated 3rd June 2025 executed between the advocates previously acting for the Applicant and the firm of Bruce O. Odeny & Company Advocates, now on record, in terms of Order 9 Rule 9 of the Civil Procedure Rules. Holding that the appeal filed on 9th June 2025 came after that consent, the judge found the prayer meritorious, enlarged the time for filing the appeal, and deemed the appeal duly filed within time. On stay, the court noted an earlier application had been struck out for non-compliance with Order 9 Rule 9 and that the judgment appealed against directed cancellation of the applicants' titles over the suit lands. To preserve the status of the suit lands, stay of execution was granted pending the hearing and determination of the appeal, conditioned on the applicants depositing Kshs.100,000 in court within 45 days, failing which the stay lapses. Each party was ordered to bear its own costs of the application.

Key legal issues

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01

Extension of time to file appeal

Holding

Leave to appeal out of time granted; appeal deemed filed within time

Reasoning

The court considered the application and supporting affidavit, noting a consent dated 3rd June 2025 between the former advocates and the firm now on record, executed under Order 9 Rule 9. Since the appeal filed on 9th June 2025 was filed after that consent, the prayer for enlargement was found meritorious and allowed.

p. 2
02

Stay of execution pending appeal

Holding

Stay granted conditioned on a deposit of Kshs.100,000 as security within 45 days

Reasoning

The court noted an earlier application was struck out for non-compliance with Order 9 Rule 9, and that the judgment appealed against directed cancellation of titles held by the applicants. To preserve the status of the suit lands, stay of execution was granted on condition of depositing security, failing which the stay lapses.

p. 2

Legal principles established

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  • A consent under Order 9 Rule 9 Civil Procedure Rules permitting new advocates to take over conduct of a matter validates the filing of an appeal by the incoming firm
  • Stay of execution may be granted to preserve the status of suit lands where the judgment appealed against directs cancellation of titles, subject to security

Court orders

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  1. 1.Time for filing the appeal is enlarged, and the present appeal is deemed to have been filed within time
  2. 2.Stay of execution of the judgment of the trial court pending the hearing and determination of the appeal, on condition that the applicants deposit in court Kshs.100,000 as security within 45 days, failing which the stay order shall lapse
  3. 3.Each party shall bear its own costs of the application
On appeal from
Senior Resident Magistrate's Court, Kisumu
Kisumu MC ELC No. E019 of 2024
Jurisdiction invoked
Order 9 Rule 9 Civil Procedure Rules; inherent/appellate jurisdiction of the ELC over appeals from magistrates' courts

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, "Akumu & 2 others v Akumu & 2 others (Land Case E043 of 2023) [2026] KEELC 1495 (KLR)", Case Analysis (2026). Kisumu MC ELC No. E019 of 2024 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1495/eng@2026-03-12

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