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ELCAllowedELCLA E220 OF 2025· [2026] KEELC 5763 (KLR)
Julius Kipkeny Kolil & another v Nancy Waithera Kiruri
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·~5 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court struck out an appeal filed 341 days late without leave, confirming statutory appeal deadlines are mandatory.
What this practically means
#Executive summary
#The Applicant moved the Environment and Land Court at Milimani by Notice of Motion dated 24th October 2025 seeking striking out of the Appellants' Memorandum of Appeal dated 22nd October 2025 as filed out of time, plus costs. The impugned subordinate court ruling was delivered on 11th January 2024; the appeal was filed 341 days later, far outside the 30-day limit in Section 79G of the Civil Procedure Act. The Appellants explained the delay by citing the wait for certified copies of proceedings, relying on Vallabhdas Damoda on sufficient cause, and argued that striking out would be an extreme measure causing them prejudice. The court held that only the period after the request for proceedings was attributable to the court; the appellants' 14-month delay before requesting proceedings was unexplained. Following the Supreme Court's decision in Nicholas Kiptoo Arap Korir Salat vs IEBC, and the Californian authority in Silverbrand, the court held that timely filing is a jurisdictional prerequisite and a statutory time limit is substantive and mandatory; Section 3A inherent jurisdiction cannot override Section 79G. No leave to file out of time was ever sought, so the memorandum of appeal was a nullity. Allowing the application, the court struck out the memorandum of appeal and the entire record of appeal and awarded costs to the Respondent.
Key legal issues
#01
Validity of an appeal filed out of time without leave
Holding
The memorandum of appeal filed 341 days after judgment without leave is a nullity and fatally defective.
Reasoning
Section 79G allows 30 days to appeal. The appellants did not seek leave to file out of time. They only explained delay from request to certification of proceedings, not the 14-month delay before requesting proceedings. Following the Supreme Court in Salat, timely filing is substantive and mandatory; inherent jurisdiction cannot displace the statute.
p. 5
Legal principles established
#- An appeal filed out of time without leave to extend time is a nullity; statutory time limits cannot be overridden by inherent jurisdiction.
Court orders
#- 1.Notice of Motion dated 24th October 2025 found merited
- 2.Memorandum of Appeal dated 22nd October 2025 struck out as incompetent and a nullity
- 3.Costs to the Respondent
- Jurisdiction invoked
- Appellate jurisdiction under the Civil Procedure Act; Section 79G and Section 3A cited as governing
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julius Kipkeny Kolil & another v Nancy Waithera Kiruri", Case Analysis (2026). ELCLA E220 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5763/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.