Echesa v Wanyama (Civil Appeal E166 of 2025) [2026] KEHC 10851 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10851 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL APPEAL E166 OF 2025 E OMINDE, J JULY 8, 2026 BETWEEN JUDITH MAKOKHA ECHESA ............................................................. APPELLANT AND BRAMWEL WAFULA WANYAMA ................................................... RESPONDENT RULING 1. Before this court is an Exparte Notice of Motion by the Appellant dated 5th July, 2026 brought Under Section 1(A) and 3(A) of the Civil Procedure Act seeking the following orders: a. That this Application be heard Exparte. b. That whereas there was misfiling of this Appeal in this Honourable Court, the same should be transferred to the Environment and Land Court Bungoma for final disposal as there was confusion in the registration in the Court Registry Portal. c. That costs be granted. 2. The application is supported by the grounds on the face of it and the Affidavit of Judith Makokha Echessa sworn on 5th July, 2026. 3. Counsel for the Applicant Mr. Ombito stated that the matter was for dismissal for reasons that the matter should have been before the ELC Court. He prays that it be transferred because it is the Registry that erroneously sent it to this Court and that the Application is Exparte. 4. Counsel for the Respondent Mr. Murunga in his oral representations stated that he had not been served with the Application and he doesn’t understand how it is that the Registry is the one that erroneously sent the matter to this Court yet it is Counsel who filed it through the CTS. That for Reasons that he was not served, he is not able to concede to or oppose the Application. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10851/eng@2026-07-08 1
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5. The Court in noting that Counsel Mr. Murunga is not on record on this matter determined that, he cannot then have audience in the matter. The Court therefore proceeded with the Application as an exparte one, as it has been expressed to have been brought. I have addressed my mind to the said application and the same is now hereby allowed in its entirety as follows; a. That this matter be and is hereby transferred to Bungoma Environment and Land Court for hearing and determination. b. That costs shall be in the cause. c. This file is hereby closed. Read Dated and Signed at BUNGOMA on 8th day of July, 2026 E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10851/eng@2026-07-08 2
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