Tenkeya v Oenga (Environment and Land Appeal E006 of 2025) [2026] KEELC 1819 (KLR)
The bottom line
#A Kenyan court gave a landlord one more chance to fix an incomplete appeal file instead of dismissing it, putting fair outcomes above technical mistakes.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the record of appeal as filed is complete and sufficient for the determination of the appeal
- 2.Whether an incomplete record of appeal renders the appeal incompetent and defective
- 3.Whether the deficiency in the record of appeal is curable in the interest of substantive justice
Key legal issues
#Sufficiency of the record of appeal
The record of appeal as filed was incomplete, containing only the typed proceedings, and was therefore insufficient for deciding the appeal
The court verified from the CTS record that the record of appeal was filed on 5th August 2025 but found it contained only the typed proceedings of the trial court. Order 42 of the Civil Procedure Rules and Direction 14 of the 2025 Practice Directions prescribe the required contents of a record of appeal, including pleadings, certified proceedings, the judgment or ruling appealed against, and the decree or order. The absence of these items meant the court could not render a decision.
Effect of an incomplete record on competence of the appeal
An incomplete record renders the appeal incompetent and defective, divesting the court of jurisdiction over the controversy
Relying on the Supreme Court decision in Bwana -vs- Bonaya & 2 others [2015] KESC 8 (KLR), the court held that without a record of appeal a court cannot determine the appeal; an omitted bundle of documents makes the appeal incompetent and defective, and an incompetent appeal divests the court of jurisdiction to consider the factual or legal controversies embodied in the issues.
Curability of the defect under Article 159(2)(d)
The deficiency is curable and the appellant was granted a second chance to file a complete record of appeal
Invoking the constitutional directive to administer justice without undue regard to procedural technicalities, the court chose not to strike out the appeal outright. It instead allowed the appellant time to file a complete record in line with the Practice Directions and arrested the scheduled judgment pending compliance, prioritizing substantive justice over procedural default.
Legal principles established
#- An appeal founded on an incomplete record of appeal is incompetent and defective, divesting the court of jurisdiction to determine it
- A curable deficiency in the record of appeal may be excused under Article 159(2)(d) of the Constitution to allow determination on the merits
Court orders
#- 1.The Appellant is allowed to file a complete record of appeal as outlined in the Practice Directions on Standardization of Practice and Procedures in the Environment and Land Court, 2025
- 2.Delivery of the judgment scheduled for 24th March 2026 is temporarily arrested pending compliance with the directions
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Kajiado Chief Magistrate's Court
- CMCC No. E042 of 2020
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over subordinate courts (appeal against ruling of the Chief Magistrate's Court)
Relief refused
#Determination of the appeal on the merits as filed
The record of appeal is incomplete, containing only the typed proceedings, rendering the appeal incompetent and defective
Costs
No costs order made
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The lack of a complete record of appeal renders the appeal incompetent and defective.
Without a record of appeal a Court cannot determine the appeal cause before it. Thus, if the requisite bundle of documents is omitted, the appeal is incompetent and defective, for failing the requirements of the law.
The deficiency in the record of appeal is however curable. To enable a determination on the merits, this court in compliance with the dictates of Article 159(2)(d) of the Constitution; to administer justice without undue regard to procedural technicalities, will rise to its higher calling to do justice by allowing the Appellant a second chance to put her house in order and forthwith file a complete record of appeal as outlined in the Practice Directions on Standardization of Practice and Procedures in the Environment and Land Court, 2025.
Consequently, the judgment scheduled for delivery today will be temporarily arrested, awaiting compliance with the above directions.
Issues in the judgment
#The judgment never states the case number or title of the appeal before the ELC; only the trial case number (CMCC No. E042 of 2020) and the date of the memorandum of appeal are given, leaving the appellate case number unidentified.
Judgment is dated 24th March 2026 while counsel is recorded as having appeared on a mention of 12th November 2025 and the record of appeal was filed 5th August 2025; the judgment itself says it 'will be temporarily arrested' although it purports to be the judgment being delivered.
Typographical error in the judgment: 'trial ccourt'.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tenkeya v Oenga (Environment and Land Appeal E006 of 2025) [2026] KEELC 1819 (KLR)", Case Analysis (2026). Kajiado Environment and Land Court Appeal (Memorandum of Appeal dated 28th January, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1819/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.