Baikenda v M'Mbirithu & 4 others (Civil Appeal (Application) E017 of 2026) [2026] KECA 1450 (KLR) (17 July 2026) (Ruling) Neutral citation: [2026] KECA 1450 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT MERU CIVIL APPEAL (APPLICATION) E017 OF 2026 GV ODUNGA, JA JULY 17, 2026 BETWEEN JAMES KIREMA BAIKENDA ................................................................ APPELLANT AND JAMES MUTHIANE M'MBIRITHU ........................................... 1ST RESPONDENT LAND ADJUDICATION AND SETTLEMENT OFFICER IGEMBE CENTRAL/ NORTH SUB-COUNTIES.…2ND RESPONDENT DIRECTOR OFLAND ADJUDICATION ........................................................................... 2ND RESPONDENT DIRECTOR OF LAND ADJUDICATION ................................. 3RD RESPONDENT LANDS REGISTRAR, MAUA ..................................................... 4TH RESPONDENT THE ATTORNEY GENERAL ...................................................... 5TH RESPONDENT (An application for leave to appeal to the Supreme Court of Kenya from the judgment of the Court of Appeal at Nyeri (S. Ole Kantai, Lesiit, Muchelule, JJA) dated 28th November 2025) RULING 1. This ruling is in respect of the notice of motion dated 5 th February 2026, where the appellant hereinafter referred to as the applicant seeks the following orders: i. Spent ii. That this court be pleased to make an order for the firm of Ekons Law Chambers to come on record for the 1st respondent/applicant post judgment. iii. That this court be pleased to make an order granting leave to the applicant herein to appeal to the Supreme Court under Article 163 (4) (b). https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1450/eng@2026-07-17 1
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iv. That this court be pleased to make an order certifying that a matter of great public importance is to be canvassed in the intended appeal. v. That this honourable court be pleased to grant an extension of time to the applicant to file a Notice of Appeal out of time. vi. That this honourable court be pleased to make any further orders as it may deem fit in the circumstances to meet the ends of justice. 2. The application is supported by the grounds on its face plus the applicant’s affidavit. A very long response in form of a preliminary objection dated 11th June 2026 was filed by Ayub Anampiu Advocate for the appellant/applicant. 3. The applicant’s submissions were filed by Ekons Law Chambers. The same are dated 12th March 2026. The submissions for the 2nd to 5th respondents were filed by Mr. Ali Juma for the Attorney General and are dated 21st April 2026. 4. When the application came up before us for hearing on 29th June 2026, learned counsel Mr. Okok appeared for the applicant, learned counsel Mr. Ayub Anampiu appeared for the 1st respondent while learned counsel Mr. Ali Juma appeared for the 2nd to 5th respondents. All counsel basically made brief highlights on the issue of certification of the matter to the Supreme Court. 5. After due consideration of the application, plus the submissions, we find it important to first address the issues of: 6. i. The firm of Ekons Law Chambers coming on record for the applicant. ii. Extension of time for the applicant to file a Notice of Appeal out of time. These two prayers fall within the jurisdiction of a single Judge pursuant to rule 55(1) of the Rules of this Court. Since under rule 57(1)(5) of the Rules a party dissatisfied with a decision of a single Judge is at liberty to refer the matter to the full bench, it is only prudent that the said two prayers be heard by a single Judge after which, depending on the decision, prayers (iii) and (iv) be dealt with by the full bench. 7. We therefore find it prudent to refer this application which we hereby do, to a single Judge for hearing of prayers (i) and (v) before it is escalated to the full bench for hearing of the prayers in respect of certification to the Supreme Court. Considering that the application has been pending for some time, let the registry fix the matter for hearing before a single Judge on priority basis. DATED AND DELIVERED AT MERU THIS 17TH DAY OF JULY, 2026 S. GATEMBU. KAIRU, FCIArb, C.Arb ….………………..…………. JUDGE OF APPEAL G.V. ODUNGA ….………………..…………. JUDGE OF APPEAL H. I. ONG’UDI ….………………..…………. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1450/eng@2026-07-17 2
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JUDGE OF APPEAL* I certify that this is the true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1450/eng@2026-07-17 3
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