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ELCPartially AllowedELCA NO. E012 OF 2024· [2026] KEELC 2773 (KLR)
Jefwa & another v Menzaа & 4 others (Environment and Land Appeal E012 of 2024) [2026] KEELC 2773 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan court struck out an appeal because the party missed a 14-day deadline to file it properly, showing courts will not rescue unexplained delay.
What this practically means
#Executive summary
#The respondents' application dated October 6, 2025 sought to strike out the entire appeal with costs. The applicants had filed a notice and memorandum of appeal without leave and out of time; the parties did not dispute this. On July 29, 2024, the Court, the application for extension of time being unopposed, allowed it and directed that the main appeal be filed within 14 days. The applicants failed to file a proper appeal within that window, doing nothing by the August 12, 2024 deadline, and instead on September 21, 2025 purported to file a record of appeal retaining the same untenable memorandum and notice of appeal. The applicants argued that the record had been delayed by registry transfers between Hola and Kilifi and invoked Murai v Wainaina (No. 4) on deemed filing of pleadings lodged with leave applications. The respondents relied on Salat v IEBC and M'limbine v Kangangi on the centrality of procedural timelines. Justice E. K. Makori held that the file ought to have been closed and a fresh proper appeal filed; the applicants' inaction was fatal and the existing record did not constitute a valid appeal. The Court struck out the purported appeal and awarded costs to the respondent/applicant. Judgment dated, signed and delivered virtually in Nyeri on April 29, 2026.
Key legal issues
#01
Whether a memorandum and notice of appeal filed out of time and never regularized constitute a valid appeal
Holding
They do not; the purported appeal was struck out
Reasoning
The Court found it not in dispute that the appeal was filed without leave and out of time. The Court granted 14 days to file a proper appeal; the applicants did nothing by the deadline and only purported to file a record of appeal on September 21, 2025, using the same untenable documents. The file should have been closed as a miscellaneous application, so no proper appeal exists.
p. 5
Legal principles established
#- Where a court grants leave to file a proper appeal within a fixed period and the party lets that indulgence lapse, the opportunity to appeal is lost and the purported appeal may be struck out
Court orders
#- 1.The purported appeal is struck out
- 2.Costs awarded to the respondent/applicant
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jefwa & another v Menzaа & 4 others (Environment and Land Appeal E012 of 2024) [2026] KEELC 2773 (KLR)", Case Analysis (2026). ELCA NO. E012 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2773/eng@2026-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.