Achieng v Atinga & 3 others (Environment and Land Appeal 1 of 2023) [2026] KEELC 3724 (KLR)
The bottom line
#The Environment and Land Court struck out a stay application because the supporting affidavit was unsigned, leaving it legally unsupported.
What this practically means
#Executive summary
#Key legal issues
#Validity of an unsigned affidavit
An affidavit must be signed by the deponent and sworn before a Commissioner for Oaths; an unsigned affidavit fails the oath requirement and is struck out, rendering the application it supports bare
The court relied on the Black's Law Dictionary definition of an oath and on CMC Motors Group Ltd v Bengeria Arap Korir, where an affidavit whose signature and commissioning did not comply with statutory requirements was struck out. It also followed Dardanelli & 6 Others v Tilito & 3 Others on the consequences of defective commissioning. Applying these authorities, the court found the deponent's affidavit unsigned and struck it out, leaving the application without evidentiary support and unarguable.
Whether the application for stay is properly before the court
The application is not properly before the court because its originating document, the supporting affidavit, is defective and has been struck out
Having struck out the unsigned supporting affidavit of Hilda Linet, the court held that there was no proper document originating the application. The court expressly declined to address the respondents' jurisdictional objections and the merits of the stay, since the application could not stand without a supporting affidavit. The application therefore failed on a threshold evidentiary defect rather than on jurisdiction or merits.
Legal principles established
#- An unsigned affidavit is not evidence on oath and an application unsupported by a valid affidavit is bare and liable to be struck out
Court orders
#- 1.The application dated 8th December 2025 for stay of proceedings and execution is struck out with costs
- Jurisdiction invoked
- Inherent jurisdiction to regulate its own proceedings; stay sought pending Civil Appeal No. E277 of 2024 before the Court of Appeal, Kisumu
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Achieng v Atinga & 3 others (Environment and Land Appeal 1 of 2023) [2026] KEELC 3724 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3724/eng@2026-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.