Maganga v Nundu (Sued as the legal administrator of the Estate of Charles Nundu Ojunge - Deceased)
The bottom line
#The Environment and Land Court dismissed a request to appeal late because the applicant explained only part of the delay and his lawyer, not him, swore the key affidavit.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was shown for extension of time under Section 79G
No - the delay was not fully and honestly explained; the application was dismissed
Applying Salat and comparative authorities, the court found two fatal defects: the applicant explained only the 4-day period from 17th to 22nd February 2026, offering nothing for the first 26 days after judgment, and after withdrawing the incompetent appeal on 24th March 2026 waited a further 21 days before filing the motion. The cumulative delay of over two months lacked a full and honest explanation, and the respondent's lawful decree should not be kept in suspense.
Whether an affidavit sworn by counsel on contentious facts can support the application
No - such practice is irregular; there was no affidavit from the client explaining the facts leading to late filing
The court held that under Kenyan law an advocate is prohibited from swearing supporting or replying affidavits on contentious matters of fact for the client, exposing the advocate to cross-examination on a case handled merely as agent. The court deprecated the practice and warned it would strike out such affidavits in future, finding no affidavit from the client explaining the late filing.
Legal principles established
#- An explanation covering only the tail end of a limitation period does not amount to sufficient cause for extension of time
- An advocate is strictly prohibited from swearing a supporting or replying affidavit on contentious matters of fact on behalf of the client
Court orders
#- 1.The Notice of Motion dated 10th April 2026 is dismissed
- 2.Costs of the application awarded to the Respondent pursuant to Section 27 of the Civil Procedure Act
- On appeal from
- Chief Magistrate's Court (Ndhiwa)
- Ndhiwa MCELC/E023/2023
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 79G of the Civil Procedure Act; Order 50 Rules 5 & 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maganga v Nundu (Sued as the legal administrator of the Estate of Charles Nundu Ojunge - Deceased)", Case Analysis (2026). Environment and Land Miscellaneous Application E014 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5811/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.