Othieno v Ogembo & 3 others (Environment and Land Miscellaneous Application E009 of 2026) [2026] KEELC 4246 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEELC 4246 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT SIAYA ENVIRONMENT AND LAND MISCELLANEOUS APPLICATION E009 OF 2026 AE DENA, J JULY 8, 2026 IN THE MATTER OF AN INTENDED APPEAL FROM THE JUDGMENT/RULING/DECREE OF UKWALA LAW COURT IN MCELC CASE NO. E045 OF 2024 DATED 21ST AUGUST 2025 BETWEEN CORNEL OYUGI OTHIENO ................................................................. APPELLANT AND ELIUD OGEMBO LICENSED LAND SURVEYOR NO.27 ....... 1ST RESPONDENT FRED OWINO ODUONG ........................................................... 2ND RESPONDENT ORIANG OMONDI ...................................................................... 3RD RESPONDENT HENRY ONYANGO OHANGA .................................................. 4TH RESPONDENT RULING 1. I have seen application for extension of time to file appeal out of time dated 27/2/2026 and the supporting afidavit of Cornel Oyugi Otieno sworn on 27/2/2026. The application is brought under the provisions of see 79G of the Civil procedure Act. The provisions donate power to the court to enlarge they’re for filing of an appeal outside the 30 days required provided that there is suficient reasons and which counsel in its submission has cited and correctly so. 2. With regard to the criteria suficient reason. I will be guided by the case of Salat Vs. Independent Electoral and Boundaries Commission & 7 Others KESC 12 KLR also cited by the applicant. 3. The main reason for the delay is that the outcome of the judgment in the trial Court was against him and which disoriented him and he had to fiee and relocate his home for fear of his life, he was also impecunious and that the proceedings took long to be availed. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4246/eng@2026-07-08 1
page 1 of 2
4. I think I will exercise my discretion in favour of the right of appeal. Given the circumstances the delay herein is of about 6 months which I would not render inordinate for each case is decided upon its own facts. As to arguability of the appeal, an arguable appeal is one that need not succeed but just raise grounds that are urguable before the appellate court. 5. I will allow the notice of motion application dated 27/2/2026 and enlarge time as follows. 1. The Memorandum of appeal shall be filed within 14 days of today’s date 2. In default of order 1 above the leave herein shall automatically lapse on the 15th day. 3. There shall be no orders as to costs. HON. A.E. DENA JUDGE 8. 7.2026 RULING DELIVERED AND DATED THIS 8TH DAY OF JULY 2026 HON. LADY JUSTICE A.E. DENA JUDGE 8/7/2026 Ruling delivered virtually through Microsoft teams Video Conferencing Platform in the presence of: Mr. Odhiambo for the Applicants No appearance for the Respondents Court Assistant – Abiud Wekesa https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4246/eng@2026-07-08 2
page 2 of 2