Okello v Ong'ondo & 6 others (Environment and Land Appeal E010 of 2022) [2026] KEELC 1562 (KLR)
The bottom line
#Kenya's Environment and Land Court gave an appellant more time to file a complete appeal record because the court file's transfer caused the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the appellant demonstrated sufficient cause to warrant enlargement of time to file the Supplementary Record of Appeal
The application was merited; the delay in tracing the transferred court file was a sufficient explanation and no prejudice would be occasioned to the respondents.
The court found that the trial file had been transferred from Oyugis to Homa Bay during the period for compliance, which explained the appellant's failure to file within the 21 days granted. It held that striking out the supplementary record would leave the parties with a defective record and the memorandum of appeal intact, so no prejudice would follow. Substantive justice under Article 159(2)(d) favoured allowing the application.
Whether an advocate may swear an affidavit on contested facts on behalf of a party
The court deprecated the practice of counsel swearing affidavits on contested facts without written authority, holding that advocates should remain neutral officers of the court and not descend into the arena.
The court criticized counsel for the 2nd and 5th respondents for swearing a replying affidavit on contested facts based on a blanket assertion of authorization. It emphasized that authorization to plead on another's behalf must be in writing and signed, and that an advocate's role is to advise clients and assist the court, not to adduce evidence in the parties' dispute.
Legal principles established
#- Extension of time is not an automatic right; the applicant must show good reason for the delay, that the delay is not inordinate, and that no prejudice will be occasioned to the other party.
- Without a complete record of appeal, an appeal is incompetent and divests the court of jurisdiction.
- A striking out of the record of appeal at this level leaves the memorandum of appeal intact, so no irreparable prejudice follows.
Court orders
#- 1.The application is allowed and the period within which to file the Supplementary Record of Appeal enlarged
- 2.The Appellant is given twenty-one (21) days to file a proper fresh Record of Appeal and serve it, in default the appeal to stand struck out with costs to the Respondents
- 3.Costs shall be in the cause
- 4.The matter to be mentioned on 06th March 2025 for compliance
- On appeal from
- Oyugis Law Courts (Magistrates' Court)
- Jurisdiction invoked
- Sections 95, 1A and 1B of the Civil Procedure Act, Cap 21, and Article 159 of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okello v Ong'ondo & 6 others (Environment and Land Appeal E010 of 2022) [2026] KEELC 1562 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1562/eng@2026-02-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.