Red Apple Ltd v Wanjohi & 2 others (Environment and Land Appeal E072 of 2024) [2026] KEELC 3583 (KLR)
The bottom line
#The Environment and Land Court dismissed a land appeal because the appellant ignored it for months, showing that in Kenya, sitting on a case can cost you everything.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal should be dismissed for want of prosecution
Yes. Directions had been issued, the appellant had not filed documents, missed all court attendances despite service, and demonstrated no effort to prosecute the appeal; the application was unopposed and the court allowed it.
The court noted the memorandum of appeal was filed on 27 May 2023, the record on 3 March 2025, and directions issued on 10 June 2025. The appellant never filed documents, confirmed non-compliance on 17 November 2025 and sought more time, then missed all attendances despite service. The application was uncontroverted but the court still determined it on merit, guided by Order 42 Rule 35 and Article 159(2)(b) on expeditious disposal.
Whether the application was properly before the court given the procedural preconditions of Order 42 Rule 35
Yes. Directions had been issued in the matter (the court had listed the appeal for hearing on 17 November 2025), so the threshold precondition was satisfied and the application was rightfully before the court.
Although Order 42 Rule 35(1) requires that directions be issued before a respondent may set an appeal down or seek its dismissal, the court found that directions had in fact been issued in this matter when it listed the appeal for hearing on 17 November 2025. This distinguished the situation in the Pinpoint Solutions decision relied on for the precondition.
Legal principles established
#- The power to dismiss a suit or appeal for want of prosecution is discretionary and must be exercised judiciously.
- Under Order 42 Rule 35(1), directions must have been issued before a respondent may invoke either option of setting an appeal down for hearing or applying for its dismissal for want of prosecution.
Court orders
#- 1.The application dated 29th April 2026 is allowed and the appeal is dismissed for want of prosecution
- 2.Costs to the Respondent/Applicant
- On appeal from
- Tribunal
- Tribunal Case no. 606 of 2023
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over the tribunal decision (Order 42 Civil Procedure Rules; Article 159(2)(b) of the Constitution cited)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Red Apple Ltd v Wanjohi & 2 others (Environment and Land Appeal E072 of 2024) [2026] KEELC 3583 (KLR)", Case Analysis (2026). ELCLA E072 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3583/eng@2026-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.