Sum v Amaisa (Environment and Land Miscellaneous Application E005 of 2026) [2026] KEELC 4972 (KLR)
The bottom line
#A Kenyan land court dismissed a bid to appeal late and halt eviction because the applicant explained neither the three-month delay nor avoided an existing appeal.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to appeal
Application refused because the delay was unexplained and illness/financial constraint were not proved.
The application was filed close to three months after the judgment. The court applied the Nicholas Salat principles on length of and reasons for delay, and endorsed the County Executive of Kisumu requirement that the whole period of delay be satisfactorily explained. The applicant failed to prove the alleged illness and financial hardship, so the equitable discretionary remedy was not deserved.
Stay of execution / preservation orders
Refused because the applicant deliberately bypassed the pending appeal rather than filing a cross-appeal.
The court found power to grant interim preservation orders under section 13(7) of the ELC Act and Butt v Rent Restriction Tribunal discretion. However, since Kapsabet ELC Appeal No. E001 of 2026 on the same subject matter and parties was pending and the applicant had not filed a cross-appeal, he deliberately filed the application and did not deserve preservation orders.
Legal principles established
#- In applications for extension of time, the whole period of delay must be declared and explained to the satisfaction of the court.
Court orders
#- 1.The application dated 17th March 2026 is dismissed
- 2.Costs of the application awarded to the respondent
- Jurisdiction invoked
- Section 13(7) of the Environment and Land Court Act, 2015 (interim preservation orders)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sum v Amaisa (Environment and Land Miscellaneous Application E005 of 2026) [2026] KEELC 4972 (KLR)", Case Analysis (2026). Kapsabet ELCL MISC No. E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4972/eng@2026-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.