Japhet v M’Naituri & 2 others (Environment and Land Appeal E012 of 2025) [2026] KEELC 3699 (KLR) (15 June 2026) (Ruling) Neutral citation: [2026] KEELC 3699 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND APPEAL E012 OF 2025 BM EBOSO, J JUNE 15, 2026 BETWEEN JOANINA ITURA JAPHET ................................................................... APPELLANT AND JAPHET M’NAITURI .................................................................... 1ST RESPONDENT CHARURU SDA SELF HELP GROUP ....................................... 2ND RESPONDENT SERENE AUCTIONEERS ............................................................ 3RD RESPONDENT RULING (Ex-Tempore) 1. Vide notice of motion dated 21/5/2026, the appellant seeks the following order: “ That this Honourable Court be pleased to set aside the orders of Hon Justice Eboso delivered on 20/5/2026 and reinstate the appeal herein”. 2. The application falls for determination in this ruling The application is opposed. The court has considered the application, the response to the application and the parties’ submissions. The court has also read the court record. 3. What culminated in the present fate of this appeal was the following order made on 27/4/2026: “ This appeal was certified as ready for hearing on 5/11/2025. The court gave directions on filing of written submissions and listed the appeal for hearing on 2/2/2026. Come 2/2/2026, the appellant had not complied with the directions of the court. The court gave the appellant a further 14 days. From 2/2/2026 to date, the appellant has not filed written submissions and is now asking for an adjournment. The court will give the appellant 21 days within which to file and serve the written submissions or a mutual consent disposing the https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3699/eng@2026-06-15 1
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appeal. In default, the appeal shall stand dismissed with costs for non-compliance. Mention on 20/5/2026 to confirm compliance. Appellant to pay today’s court adjournment fees and previous court adjournment fees." 4. It is clear from the above order that the appeal stood automatically dismissed for non-compliance on expiry of 21 days reckoned from 27/4/2026. It is therefore not correct that this court issued a dismissal order on 20/5/2026. Infact on 20/5/2026, this court merely noted that there was no pending appeal before it because this appeal stood dismissed. 5. Instead of the appellant bringing an application for enlargement of time, she has brought an application for setting aside a non-existent dismissal order issued on 20/5/2026. For the above reason, the application dated 21/5/2026 is incompetent and is struck out with costs. The appellant will be at liberty to bring a competent application for enlargement of time. DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF JUNE, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Ouma for the 2nd and 3rd Respondents Mr Otieno C for the Appellant Court Assistant – Mr. E. Tupet https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3699/eng@2026-06-15 2
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