Muna (Being the Administrator of the Estate of the Late Anne Wambui Muna) & 5 others v Boscardin & 7 others (Civil Appeal (Application) E041 of 2026) [2026] KECA 2056 (KLR) (2 October 2026) (Ruling) Neutral citation: [2026] KECA 2056 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT ELDORET CIVIL APPEAL (APPLICATION) E041 OF 2026 L NDOLO, JA OCTOBER 2, 2026 BETWEEN REUBEN NG’ANG’A MUNA (BEING THE ADMINISTRATOR OF THE ESTATE OF THE LATE ANNE WAMBUI MUNA) ....................................... 1ST APPLICANT ALLAN MUNGA MUNA ................................................................. 2ND APPLICANT SARAH MWIHAKI MUNA ............................................................. 3RD APPLICANT LUISA NYAKIBISHOI MUNA ........................................................ 4TH APPLICANT REUBEN NG’ANG’A MUNA ........................................................... 5TH APPLICANT KITAMU FARM LIMITED .............................................................. 6TH APPLICANT AND ANNE NJOKI MUNGA BOSCARDIN ....................................... 1ST RESPONDENT JANE WANGECI (BEING THE ADMINISTRATOR OF THE ESTATE OF THE LATE ELIZABETH WACEKE) ..................................................... 2ND RESPONDENT BERNARD MUIRURI KAMAU (BEING THE ADMINISTRATOR OF THE ESTATE OF THE LATE PRISCILLA WANGECI MUIRURI) .. 3RD RESPONDENT NJERI GATHU .............................................................................. 4TH RESPONDENT MUKAMI GATHU ........................................................................ 5TH RESPONDENT NG’ANG’A GATHU ....................................................................... 6TH RESPONDENT CHIEF LAND REGISTRAR ........................................................ 7TH RESPONDENT THE ATTORNEY GENERAL ...................................................... 8TH RESPONDENT https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2056/eng@2026-10-02 1
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(Application for leave to file a supplementary record of appeal in an appeal against the Judgment and Decree of the Environment and Land Court at Kitale (C.K. Nzili, J) delivered on 21st January 2026inKitale ELCC No E027 of 2020) RULING 1. This ruling determines the notice of motion dated 24th April 2026, by which the applicants seek leave to le a supplementary record of appeal containing the certied typed proceedings and certicate of delay issued by the Environment and Land Court. 2. The motion is supported by an adavit sworn by the 5th applicant, Reuben Ng’ang’a Muna and is based on the grounds that: a. The applicants led and served a record of appeal dated 2nd April 2026, within the 60-day period after ling and serving the notice of appeal as required by Rule 84 of the Court of Appeal Rules. The record of appeal was served on 8th April 2026, within the 7-day period provided by Rule 92 of the Rules; b. At the time the applicants led the record of appeal, they were yet to be supplied with the certied copy of the typed proceedings, by the Environment and Land Court, despite having applied for them on 2nd February 2026; c. The certied copy of the typed proceedings is a primary document that is required to be part of the record of appeal under Rule 89(1)(d) of the Court of Appeal Rules; d. The applicants have now been able to obtain the certied copy of the typed proceedings and a certicate of delay, but the 15-day period within which they would have been permitted to le a supplementary record of appeal, without leave, has lapsed; e. Rule 90 of the Court of Appeal Rules provides that where a document referred to in Rule 89(1) is omitted from the record of appeal, and a supplementary record of appeal has not been led within 15 days of the record of appeal being led, the appellant may le a supplementary record of appeal under Rule 94(3) with leave, on application; f. The application has been brought within 9 days of the date on which the certicate of delay was issued and within 5 days of the applicant receiving the certied copy of the typed proceedings. The application has therefore been brought promptly; g. The respondents will not be prejudiced if the application is allowed, since the certied copy of the typed proceedings sought to be led is mandatorily required to be part of the record of appeal, and would have formed part of the record, if it had been supplied to the applicants within the 60-day period required to le a record of appeal; h. It is therefore, in the interest of justice that the prayers sought are granted. 3. Despite due service, the respondents did not respond to the applicants’ motion. The application is therefore unopposed. 4. The applicants led written submissions dated 16th September 2026. They rely on this Court’s decisions in Principal Secretary, Ministry of Defence & Another v Mbaka & Another [2022] KECA 1128 (KLR) and M’njara & Another v Muthoni [2025] KECA 1416 where typed proceedings and accompanying certicate of delay were admitted as part of a supplementary record of appeal. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2056/eng@2026-10-02 2
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5. I note that under Rule 90 of the Court Rules, this application ought to have been made before the Deputy Registrar. However, because it is now before me and being a straightforward application, I will invoke the inherent jurisdiction of the Court and dispense with it. 6. The documents the applicants seek to introduce are mandatorily required as part of the record of appeal, the delay is fairly short and it has been satisfactorily explained. The application is therefore allowed and the supplementary record of appeal, annexed to the application, is admitted as duly led upon payment of the requisite court fees. 7. The application being undefended, I will make no order for costs. DATED AND DELIVERED AT ELDORET THIS 2ND DAY OF OCTOBER, 2026. L.M. NDOLO …………………….…………… JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2056/eng@2026-10-02 3
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