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Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR)

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Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR) (2 June 2026) (Ruling) Neutral citation: [2026] KEELC 3325 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET LAND CASE APPEAL E012 OF 2025 GMA ONGONDO, J JUNE 2, 2026 BETWEEN WARREN MMENE AMUGUNI ....................................................... 1ST APPLICANT HASTINGS LUDIHA AMUGUNI ................................................... 2ND APPLICANT (SUING AS THE LEGAL REPRESENTATIVES OF THE ESTATE OF JOSHUA AMAGUNI LUGIA - DECEASED) AND MARK KENYANI .......................................................................... 1ST RESPONDENT WINNY CHOGO (GLADYS) ....................................................... 2ND RESPONDENT RULING 1. The applicants through Eredi Mulama and Company Advocates commenced a Notice of Motion dated 24th November 2025 (The application) seeking leave to file an appeal out of time against the decision delivered on 14th February 2025. 2. On 22nd January 2026, this Honourable Court granted leave sought and directed, inter alia, the applicants’ counsel to file and serve the appeal within fourteen days from that date. 3. Mr Emmanuel Eredi learned counsel for the applicants stated that an appeal namely Kapsabet ELCLA No.E004 of 2026 has been filed further to the orders stated at paragraph 2 hereinabove. Thus, he implored the court to formally close this file. 4. It is trite law that an application seeking leave cannot act as a substitute for an appeal itself. That the appeal is the primary matter and the application for leave acts as an auxiliary door opener; see Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others (2014) eKLR. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3325/eng@2026-06-02 1

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5. In the premises, Kapsabet ELCLA No. E004 of 2026 duly instituted assumes carriage of the matter. 6. Accordingly, the application is determined as leave to appeal out of time duly granted and the instant file is hereby closed to save judicial time. 7. It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 2ND DAY OF JUNE 2026. HON. G M A. ONG’ONDO JUDGE In the presence of; 1. Mr Emmanuel Eredi learned counsel for the applicants 2. Walter, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3325/eng@2026-06-02 2

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