Sambasi & 2 others v Koros & another (Environment and Land Appeal E001 of 2026) [2026] KEELC 3677 (KLR)
The bottom line
#Kenya's Environment and Land Court declined to strike out a delayed land appeal, giving the appellants 45 days to file their record instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal should be struck out for want of prosecution under Order 42 Rule 35
The application was dismissed; striking out was declined and substituted with a direction to file the record of appeal within 45 days
The court noted that Order 42 Rule 35 outlines the conditions for dismissal of an appeal for want of prosecution. The appeal had been admitted for hearing on 7/10/2025, and the application was filed before the expiry of the 3-month period within which the respondents could have sought striking out. Given the constitutional right of appeal, the inordinate delay, the appellants' in person status and their expression of regret, the court opted to give the appellants a final opportunity rather than strike out the appeal.
Whether the respondents were being prejudiced in realizing the fruits of their judgment
No prejudice was established as there was no stay of execution and no decree had been extracted and served
The respondents alleged that the appeal was being used to delay execution of the judgment dated 12/3/2025, which required the appellants to pay general damages and restore agricultural land from which murram had been extracted. The court found there was no stay of execution of that judgment and no extracted decree had been served on the appellants, so the claim of prejudice was not made out.
Legal principles established
#- Striking out a suit or pleadings is a draconian step to be exercised sparingly
- A party has a basic right to be heard before any adverse action or decision is taken against them
- A respondent may, after 3 months from admission of an appeal, list it for hearing or apply for striking out for want of prosecution
Court orders
#- 1.The application dated 8/12/2025 seeking to strike out the appeal is dismissed
- 2.The appellants to file and serve a record of appeal within 45 days from the date of the ruling
- 3.No order as to costs
- Jurisdiction invoked
- Appellate jurisdiction under Order 42 of the Civil Procedure Rules (appeal transferred from the High Court, Kitale, to the ELC)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sambasi & 2 others v Koros & another (Environment and Land Appeal E001 of 2026) [2026] KEELC 3677 (KLR)", Case Analysis (2026). Kitale ELC Appeal No. E001 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3677/eng@2026-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.