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ELCPartially AllowedELCLC No. 95 of 2021 (Nyamira)· [2026] KEELC 3643 (KLR)

Oriango v County Government of Nyamira & 4 others (Environment and Land Case 95 of 2021) [2026] KEELC 3643 (KLR)

Environment and Land Court
16 June 2026
DOD. O. Ohungo
1,413 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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The court allowed a County Attorney to take over a land case defence but refused to extend time for appealing, saying a valid notice of appeal already existed.

What this practically means

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Executive summary

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By Notice of Motion dated 21st April 2026, the First Defendant, through the Honourable County Attorney - Nyamira, sought leave to come on record in place of Nyachiro Nyagaka & Company Advocates, extension of time to lodge a notice of appeal against the judgment of the Environment and Land Court delivered on 22nd March 2023, and leave to lodge an appeal. The application was supported by the affidavit of Erastus M. Orina, who explained that the erstwhile advocates had erroneously lodged the notice of appeal dated 23rd March 2023 in the High Court instead of the ELC, and that it was deemed withdrawn under Rule 85 of the Court of Appeal Rules. The Plaintiff and Second to Fourth Defendants did not respond; the Fifth Defendant was not opposed. The court framed a single issue: whether the orders sought should issue. It granted leave for the County Attorney to come on record, the prayer being unopposed. However, on perusal of both the annexed and filed versions of the notice of appeal, the court found that on the face of it a valid notice of appeal was already on record, both versions indicating filing in the ELC and endorsement by the Deputy Registrar, with any deficiencies being for the Appellate Court. It further held that Rules 84 and 85 concern institution of appeals, distinct from filing a notice of appeal under Rule 77(2), and that its limited jurisdiction under Section 7 of the Appellate Jurisdiction Act does not extend to questions of institution or withdrawal of appeals in the Court of Appeal; the First Defendant should move that court. Prayers 3 and 4 were dismissed. As the application was unopposed, no order as to costs was made. Judgment delivered at Nyamira on 16th June 2026 by D. O. Ohungo, Judge.

Key legal issues

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01

Whether leave should be granted for the County Attorney - Nyamira to come on record for the First Defendant

Holding

Leave granted, the prayer being unopposed.

Reasoning

The prayer for the County Attorney to replace Nyachiro Nyagaka & Company Advocates on record was not opposed by any party, and the court saw no valid reason to refuse it. It therefore granted leave in terms of prayer 2 of the Notice of Motion.

p. 3
02

Whether extension of time and leave to lodge a fresh notice of appeal should issue

Holding

Dismissed - a valid notice of appeal already appears on record, and the court's limited jurisdiction under Section 7 of the Appellate Jurisdiction Act does not extend to questions of institution or withdrawal of appeals in the Court of Appeal.

Reasoning

Although the First Defendant claimed its notice of appeal dated 23rd March 2023 was erroneously lodged in the High Court and deemed withdrawn under Rule 85, the court perused both the annexed and filed versions and found both stated they were filed in the ELC and were endorsed by the Deputy Registrar. Any deficiencies are for the appellate court. Questions of institution or withdrawal of appeals fall outside Section 7 of the Appellate Jurisdiction Act and must be taken to the Court of Appeal.

p. 6

Legal principles established

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  • The High Court may extend time for giving notice of intention to appeal even after the time has expired, under Section 7 of the Appellate Jurisdiction Act.
  • Rules 84 and 85 of the Court of Appeal Rules deal with institution of appeals, which is distinct from filing of notice of appeal under Rule 77(2).

Court orders

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  1. 1.Leave is granted to the Honourable County Attorney - Nyamira, to come on record in representation of the First Defendant in place of Nyachiro Nyagaka & Company Advocates.
  2. 2.Prayers 3 and 4 of Notice of Motion dated 21st April 2026 are dismissed.
  3. 3.No order as to costs.
Jurisdiction invoked
Section 7 of the Appellate Jurisdiction 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, "Oriango v County Government of Nyamira & 4 others (Environment and Land Case 95 of 2021) [2026] KEELC 3643 (KLR)", Case Analysis (2026). ELCLC No. 95 of 2021 (Nyamira). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3643/eng@2026-06-16

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