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ELCOtherELC Appeal No. E026 of 2021· [2026] KEELC 4855 (KLR)

Githinji v Mararo (Environment and Land Appeal E026 of 2021) (22 July 2026) (Directions) [2026] KEELC 4855 (KLR)

Environment and Land Court at Nyeri
22 July 2026
EME.K. Makori
359 words in judgment
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The bottom line

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A Kenyan court struck out a land appeal application filed outside court-set deadlines, warning that ignoring judicial timelines renders filings worthless.

What this practically means

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Executive summary

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This is a directions ruling by E.K. Makori J of the Environment and Land Court at Nyeri in an appeal, ELC Appeal No. E026 of 2021, in which the appellant John Gakuo Githinji appeals against the respondent Jackson Muriithi Mararo. The court recalled that Kimani J, by a ruling dated 9th October 2025, had issued timelines requiring the appellant to prosecute the appeal within 90 days on pain of the court's orders lapsing automatically, and to file and serve written submissions within 14 days. At a further mention, Kimani J declined an invitation to allow amendment of the Memo of Appeal, holding that to do so would run contrary to her earlier orders, and placed the matter for directions on February 26, 2026, a day on which the court did not sit. Makori J held that any proceedings taken thereafter were a nullity and contrary to the court's directions. He accordingly struck out the appellant's Notice of Motion dated 20th May 2026, which had sought amendment of the Memo of Appeal and a site visit, and confirmed that the orders of 9th October 2025 and 17th December 2025 remain in force. As a final indulgence, the court allowed the appellant 14 days to file submissions, with the respondent to respond within 14 days of service and a judgment date to be provided. No costs order was made. The ruling contains several internal date inconsistencies.

Key legal issues

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01

Effect of non-compliance with court-issued timelines

Holding

Proceedings taken in breach of the court's directions are a nullity and the offending application must be struck out

Reasoning

Kimani J had, in a ruling dated 9th October 2025, directed the appellant to prosecute the appeal within 90 days in default of which the orders would lapse automatically, and had declined to permit amendment of the Memo of Appeal as contrary to earlier orders. The court did not sit on February 26, 2026 as directed. Any proceedings taken thereafter were outside the court's directions and of no effect, justifying striking out the motion of 20th May 2026.

p. 2

Legal principles established

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  • Where a court issues timelines for disposal of an appeal, subsequent proceedings taken outside those timelines are a nullity

Court orders

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  1. 1.The Notice of Motion dated May 20, 2026 is struck out
  2. 2.The orders issued on October 9, 2025 and December 17, 2025 remain in force
  3. 3.The Appellant may file submissions within 14 days
  4. 4.The Respondent to respond within 14 days of service, with a judgment date provided
Jurisdiction invoked
Environment and Land Court appellate jurisdiction (No. 13(7) of the Environment and Land Court Act implied by the appeal title; not expressly cited in the document)

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, "Githinji v Mararo (Environment and Land Appeal E026 of 2021)  (22 July 2026) (Directions) [2026] KEELC 4855 (KLR)", Case Analysis (2026). ELC Appeal No. E026 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4855/eng@2026-07-22

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