Kimwei & another v Siro & 2 others (Appeal E043 of 2025) [2026] KEELC 1789 (KLR)
The bottom line
#The Environment and Land Court at Kisii dismissed a bid for stay of proceedings and extra time to appeal because no appeal had been filed and the delay went unexplained.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants met the threshold for stay of proceedings pending appeal
They did not, since no appeal was on record and there were no ongoing proceedings capable of being stayed
Applying the Silverstein principles, the court noted that one of the prayers was for extension of time, showing no appeal had been filed, which took out the first three principles. Both prior applications in the trial court had been heard and determined, so nothing remained to stay or transfer. Only the unexecuted order lifting the caution was capable of being stayed, but the Applicants had not shown the basis for exceptional circumstances or expedition.
Whether the Applicants were entitled to extension of time to lodge an appeal
No - the delay was unexplained and no draft memo of appeal was annexed
Applying the Salat criteria, the Applicants pleaded that the ruling was uploaded on the CTS on 26th September 2025 yet filed the application in December 2025 without deposing when they became aware of the decision, so the court could not find the application was brought without undue delay. Further, no draft memorandum of appeal was annexed, and the substantive issues raised could not be resolved in a miscellaneous application for removal of a caution.
Legal principles established
#- Where an intending appellant seeks extension of time, the draft intended appeal must be annexed to the application for the court's perusal
- Extension of time is an equitable remedy available only to a deserving party at the court's discretion, and the party seeking it bears the burden of laying a basis and explaining the delay
- Principles governing stay of proceedings pending appeal, including pendency of the appeal, arguability, nugatory outcome and expedition
Court orders
#- 1.The notice of motion dated 11th December, 2025 is dismissed with half costs to the Respondent
- Jurisdiction invoked
- Article 159 of the Constitution and sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimwei & another v Siro & 2 others (Appeal E043 of 2025) [2026] KEELC 1789 (KLR)", Case Analysis (2026). Not stated in judgment (arising from Ogembo Civil Miscellaneous Application No. E026 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1789/eng@2026-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.