Nyambok v Ojuka & another

Nyambok v Ojuka & another (Environment and Land Appeal 30 of 2022) [2023] KEELC 17749 (KLR) (5 June 2023) (Ruling) Neutral citation: [2023] KEELC 17749 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT AND LAND APPEAL 30 OF 2022 GMA ONGONDO, J JUNE 5, 2023 BETWEEN SAMUEL ODOYO NYAMBOK .............................................................. APPELLANT AND MICAH ONYANGO OJUKA ........................................................ 1ST RESPONDENT JACK OTIENO OYIER ................................................................. 2ND RESPONDENT RULING 1. Mr Omondi Ogwel learned counsel for the appellant informed this court that a record of appeal dated February 15, 2023 has been duly led and served on the respondents’ counsel. 2. Mr B. Mulisa learned counsel for the respondent has raised an objection to the completeness of the record. That the decree and the relevant submissions are not included therein. 3. The appellant’s counsel has cited article 159 (2) (d) of the Constitution of Kenya, 2010 in reply to the respondent’s contention. That the appellant’s submissions are found in the trial court’s original record availed herein and that the submissions were served in the original suit. 4. Having heard counsel for the respective parties regarding the record of appeal, I note that the decree and the appellant’s submissions led at the trial court are not included in the record. 5. Moreover, being guided by articles 48,50(1) and 159(2)(b) and (d) of the Constitution (supra) on the ends of justice, I nd the respondent’s objection merited. 6. Thus, I hereby order and direct as follows. a. The appellant’s counsel to le and serve a supplementary record of appeal together with submissions within 14 days from this date. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17749/eng@2023-06-05 1

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