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ELCDismissedNotice of motion dated 16th December, 2025 in MC ELC No. E579 of 2025· [2026] KEELC 3530 (KLR)

Njeru & another v Thararoi Ltd (Environment and Land Miscellaneous Case E402 of 2025) [2026] KEELC 3530 (KLR)

Environment and Land Court
11 June 2026
MCMBOGO C.G.
1,314 words in judgment
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The bottom line

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A Kenyan land court refused to let landowners appeal late because they could not credibly explain nearly three months of silence after judgment was delivered.

What this practically means

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Executive summary

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The applicants moved the Environment and Land Court by notice of motion dated 16th December 2025 seeking leave to file a memorandum and record of appeal out of time against the judgment and decree of Hon. Mrs. M. Otindo (SPM) delivered on 17th September 2025 in MC ELC No. E579 of 2025, together with orders of stay of execution pending the application and the intended appeal. The application, brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Sections 4 and 13 of the Environment and Land Court Act and Articles 22, 159(2) and 162(2)(b) of the Constitution, was supported by the 1st applicant's affidavit. She explained that judgment had been fixed for 29th August 2025, the court did not sit, and the applicants only learnt on 9th December 2025 that judgment had been delivered. The respondent opposed, contending that the application was filed more than 90 days after judgment, that the CTS record showed the applicants knew of the judgment, and that the applicants were indolent and served the application late. The sole issue was whether leave to appeal out of time should be granted. Applying Section 79G of the Civil Procedure Act and the principles in Salat and Nyamboki, the court found the applicants' explanation unsubstantiated, noting the matter was mentioned twice after 29th August 2025 before delivery of judgment. Holding that the applicants went into slumber and that the court cannot aid an indolent party, the court dismissed the motion with costs to the respondent.

Key legal issues

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Whether the applicants established good and sufficient cause under Section 79G of the Civil Procedure Act to justify extension of time to appeal

Holding

The application was dismissed because the applicants failed to provide a reasonable and credible explanation for the delay

Reasoning

The court applied the Salat principles: extension of time is discretionary and equitable, requiring a reasonable explanation for the delay and absence of undue delay. Judgment was delivered on 17th September 2025 and the applicants had 30 days to appeal. They claimed the judgment date changed and the court did not sit on 29th August 2025, only discovering the delivery on 9th December 2025. The court perused the record and found the matter was mentioned twice after 29th August 2025 before delivery, making the allegations unsubstantiated and amounting to concealment of material facts.

p. 3

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party, and an applicant bears the burden of explaining the delay to the satisfaction of the court

Court orders

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  1. 1.The notice of motion dated 16th December, 2025 is dismissed with costs to the respondent
On appeal from
Magistrates' Court (trial court)
MC ELC No. E579 of 2025 formerly MCCCOM No. 1676 of 2019
Jurisdiction invoked
Sections 1A, 1B & 3A of the Civil Procedure Act, Sections 4 & 13 of the Environment and Land Court Act and Articles 22, 159(2) & 162(2)(b) of the Constitution; Section 79G of the Civil Procedure Act

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, "Njeru & another v Thararoi Ltd (Environment and Land Miscellaneous Case E402 of 2025) [2026] KEELC 3530 (KLR)", Case Analysis (2026). Notice of motion dated 16th December, 2025 in MC ELC No. E579 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3530/eng@2026-06-11

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