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ELCDismissedELCL APPEAL CASE NO. E012 OF 2025· [2026] KEELC 3684 (KLR)

Japhet v M’Naituri & 2 others (Environment and Land Appeal E012 of 2025) [2026] KEELC 3684 (KLR)

Environment and Land Court
15 June 2026
BEB M Eboso
253 words in judgment
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The bottom line

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Filing on the next working day is on time when the deadline falls on a weekend or holiday in Kenya.

What this practically means

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Executive summary

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In this ex-tempore ruling delivered at Meru on 15 June 2026, the Environment and Land Court (B M Eboso, ELC Judge) dealt with an oral objection by the applicant in ELCL Appeal Case No. E012 of 2025 seeking to strike out the respondent's replying affidavit. The applicant argued that the affidavit, filed and served on Monday 15 June 2026 at about 8.00 a.m., was out of time because the 7-day period prescribed in the court's order dated 28 May 2026 - following service of the application on 6 June 2026 - expired on Saturday 13 June 2026. The court noted there was no dispute that the period ended on Saturday 13 June 2026, a day on which the court offices were closed. Applying Order 50 rule 3 of the Civil Procedure Rules, the court held that where the time for doing any act expires on a Sunday or other day on which the offices are closed and the act cannot be done because of that closure, the act is deemed done within the prescribed time if done on the next day the offices are open. The replying affidavit filed and served on Monday 15 June 2026 was therefore properly before the court, and the oral objection was rejected. No authority was cited and no costs order was recorded in the judgment.

Key legal issues

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01

Whether a replying affidavit filed on the next working day after the prescribed period expired on a Saturday is filed out of time

Holding

The affidavit is properly on record because Order 50 rule 3 of the Civil Procedure Rules deems such an act done within time

Reasoning

The court found there was no dispute that the 7-day period fixed in the order of 28/5/2026 ended on Saturday 13/6/2026, when the court offices were closed. Order 50 rule 3 provides that where time for doing an act expires on a day the offices are closed and the act cannot be done, the act is deemed done within the prescribed time if done on the next day the offices are open. The affidavit filed and served on Monday 15/6/2026 therefore fell within time and the objection to strike it out was rejected.

p. 2

Legal principles established

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  • Where the time prescribed for doing any act expires on a Sunday or other day on which the court offices are closed, and the act cannot be done due to that closure, the act is deemed done within time if done on the next day the offices are open (Order 50 rule 3, Civil Procedure Rules)

Court orders

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  1. 1.The oral objection to strike out the respondent's replying affidavit is rejected
  2. 2.The replying affidavit filed and served on Monday 15/6/2026 is properly before court
Jurisdiction invoked
Environment and Land Court Act appellate jurisdiction over ELCL Appeal Case No. E012 of 2025

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, "Japhet v M’Naituri & 2 others (Environment and Land Appeal E012 of 2025) [2026] KEELC 3684 (KLR)", Case Analysis (2026). ELCL APPEAL CASE NO. E012 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3684/eng@2026-06-15

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