Ponchintesta & another v Karisa (Environment and Land Appeal E021 of 2023) (20 May 2026) (Directions) [2026] KEELC 3415 (KLR)

Ponchintesta & another v Karisa (Environment and Land Appeal E021 of 2023) [2026] KEELC 3415 (KLR) (20 May 2026) (Directions) Neutral citation: [2026] KEELC 3415 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND APPEAL E021 OF 2023 FM NJOROGE, J MAY 20, 2026 BETWEEN RAPHAELA PONCHINTESTA ....................................................... 1ST APPELLANT EMMANUEL LEWA MWASAMBU ................................................ 2ND APPELLANT AND THOMAS NYUNDO KARISA ........................................................... RESPONDENT (Being an appeal from the judgment of the Senior Principal Magistrate Hon James Ongondo sitting at Malindi made on 25th April 2023 in ELC No 18 of 2021.) DIRECTIONS 1. This is an appeal from the judgment of the Senior Principal Magistrate Hon James Ongondo sitting at Malindi made on 25th April 2023 in ELC No 18 of 2021. 2. As this court was preparing this judgment it noted that the index in the record of appeal indicates that the last page in the Record of Appeal bundle should be numbered 412. The volume that has been available to court is only up to page 323, meaning that numerous pages have been left out probably in the form of a Supplementary Record of Appeal. 3. Regrettably, while admitting the appeal for hearing that error was not detected at all by this court. This is a court of record and all documents required to be in the Record of Appeal must be available as per the Rules. 4. The only course of action that the court has is to defer the judgment to such a date as when the supplementary record of appeal will be available to enable the court prepare the judgment without any hitch. I therefore order the appellants to provide a physical copy of the supplementary record of appeal within 14 days of this order. This matter shall be mentioned on the 11th June 2026 for issuance of a fresh judgment date. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3415/eng@2026-05-20 1

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