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ELCOtherEnvironment and Land Appeal E021 of 2023

Ponchintesta & another v Karisa (Environment and Land Appeal E021 of 2023) (20 May 2026) (Directions) [2026] KEELC 3415 (KLR)

Environment and Land Court
20 May 2026
330 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan land appeal court postponed its judgment because pages were missing from the appeal file, ordering the appellants to supply the missing documents within 14 days.

What this practically means

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Executive summary

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This is a directions ruling, not a substantive judgment, delivered by FM Njoroge, J of the Environment and Land Court at Malindi in an appeal (ELC Appeal E021 of 2023) by Raphaela Ponchintesta and Emmanuel Lewa Mwasambu against Thomas Nyundo Karisa, arising from the judgment of Senior Principal Magistrate Hon James Ongondo delivered on 25 April 2023 in ELC No 18 of 2021 at Malindi. While preparing its judgment, the court discovered that the Record of Appeal bundle before it ended at page 323, whereas the index in the record indicated the last page should be numbered 412, meaning numerous pages - probably in the form of a Supplementary Record of Appeal - had been left out. The court regretted that this error was not detected when the appeal was admitted for hearing. Holding that it is a court of record and that all documents required to be in the Record of Appeal must be available as per the Rules, the court concluded that the only course open to it was to defer judgment until the supplementary record was available. It ordered the appellants to provide a physical copy of the supplementary record of appeal within 14 days and fixed mention for 11 June 2026 for issuance of a fresh judgment date. No substantive merits, no costs order, and no disposition of the appeal itself are contained in this ruling.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the judgment can be prepared and delivered where the Record of Appeal bundle is incomplete, ending at page 323 when the index indicates the record should run to page 412
  2. 2.What course of action is open to the court given the missing pages, likely comprising a Supplementary Record of Appeal

Key legal issues

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01

Effect of an incomplete Record of Appeal on delivery of judgment

Holding

The court deferred judgment because the record before it was incomplete, the bundle ending at page 323 while the index indicated it should end at page 412

Reasoning

While preparing its judgment the court discovered that numerous pages of the record of appeal were missing, apparently comprising a supplementary record of appeal that was never filed or supplied. The error was not detected when the appeal was admitted to hearing. Because the court is a court of record and the Rules require all documents to be in the record, the only available course was to defer judgment until the supplementary record is provided, with a mention date fixed for a fresh judgment date.

p. 1

Legal principles established

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  • A court of record requires that all documents required to be in the Record of Appeal be available as per the Rules before judgment can be prepared

Court orders

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  1. 1.Judgment deferred to a date when the supplementary record of appeal is available
  2. 2.Appellants ordered to provide a physical copy of the supplementary record of appeal within 14 days of the order
  3. 3.Matter to be mentioned on 11th June 2026 for issuance of a fresh judgment date

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Senior Principal Magistrate's Court at Malindi
ELC No 18 of 2021
Jurisdiction invoked
Appeal from the Senior Principal Magistrate's Court pursuant to the Environment and Land Court Act and rules governing records of appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

This is a court of record and all documents required to be in the Record of Appeal must be available as per the Rules.
p. 1Completeness of record of appeal
I therefore order the appellants to provide a physical copy of the supplementary record of appeal within 14 days of this order.
p. 1Final directions order
This matter shall be mentioned on the 11th June 2026 for issuance of a fresh judgment date.
p. 1Final directions order - mention date

Issues in the judgment

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minor

Document is a short 'Directions' ruling deferring judgment, not a substantive judgment determining the appeal; no findings on the merits are possible from it

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, "Ponchintesta & another v Karisa (Environment and Land Appeal E021 of 2023)  (20 May 2026) (Directions) [2026] KEELC 3415 (KLR)", Case Analysis (2026). Environment and Land Appeal E021 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3415/eng@2026-05-20

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