Ndeto v Kyalo (Environment and Land Appeal E029 of 2025) [2026] KEELC 4032 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out an appeal filed 18 months late without permission, confirming strict deadlines apply.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal offended section 79G of the Civil Procedure Act
Yes. The appeal was filed eighteen months after judgment, outside the thirty-day period, and no leave was sought or obtained; the appeal was struck out.
Section 79G mandates that appeals from subordinate courts be filed within thirty days, with a proviso permitting admission out of time where the appellant shows good and sufficient cause. The judgment was delivered on 9th November 2023 and the memorandum of appeal filed on 2nd May 2025. No leave was sought before or at filing, and the appellant could not seek leave retrospectively once the defect was raised. The guidelines in Salat and Koine on extension of time were not satisfied.
Whether the appeal should be dismissed for want of jurisdiction having been filed in the High Court
The issue became moot because the parties by consent transferred the matter to the Environment and Land Court on 29th May 2025.
The applicant argued that the appeal belonged to the Environment and Land Court under section 13 of the Environment and Land Court Act and that the High Court lacked jurisdiction. The court perused the record and found that on 29th May 2025 counsel for both parties consented to transfer the matter to the Environment and Land Court, rendering the forum objection academic. The court therefore determined the application solely on the limitation ground.
Legal principles established
#- An appeal from a subordinate court to the High Court must be filed within thirty days of the decree or order appealed against, and where it is not, the appellant must obtain leave of the court; an appeal cannot be filed out of time and leave sought retrospectively.
- Extension of time is an equitable remedy available at the court's discretion to a deserving party who explains the delay, considering the period and reason for delay, prejudice to the respondent, and the overriding objective.
Court orders
#- 1.The appeal filed out of time and without leave of the court is struck out
- 2.Costs of the application to the applicant
- On appeal from
- Chief Magistrate's Court at Machakos
- CM.ELC Case No. 67 of 2020
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution, Section 13 of the Environment and Land Court Act, Section 79G of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndeto v Kyalo (Environment and Land Appeal E029 of 2025) [2026] KEELC 4032 (KLR)", Case Analysis (2026). Civil Application dated 14th April 2025 (arising from Appeal filed against Machakos CM.ELC Case No. 67 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4032/eng@2026-07-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.