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ELCDismissedNotice of Motion dated 17th December 2024 in Nakuru ELC No. 216 of 2016· [2025] KEELC 4580 (KLR)

Ndegwa (Suing as the Legal Representative of the Estate of Jedidah Wanjiku Ndegwa - Deceased) v Jonada Services Limited (Environment & Land Case 216 of 2016) [2025] KEELC 4580 (KLR)

Environment and Land Court
19 June 2025
MOM. A. ODENY
1,271 words in judgment
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The bottom line

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The Environment and Land Court in Nakuru refused to extend time for filing an appeal notice because the applicant waited over two years without explaining the delay.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nakuru (M. A. Odeny, J) determined the Plaintiff/Applicant's Notice of Motion dated 17th December 2024 seeking extension of time to file a Notice of Appeal against the judgment of Justice Mwangi Njoroge delivered on 19th January 2023 in Nakuru ELC No. 216 of 2016, and an order deeming the Notice of Appeal dated 13th February 2023 as duly filed and served. Counsel for the Applicant deponed that the Notice of Appeal was filed out of time without the Applicant's knowledge and that delay was occasioned by the court's delay in providing a certified copy of the judgment; a memorandum of appeal had already been filed in the Court of Appeal. The Respondent opposed, arguing that only the Court of Appeal could extend time where an appeal was already on record. The Applicant relied on Section 95 of the Civil Procedure Act and the Salat, Twaha and Wambua authorities. The court identified a single issue: whether time should be extended. Applying Salat, Wambua and County Executive of Kisumu, the court held that delay in obtaining typed proceedings is not a panacea and the whole period of delay must be explained. The application, filed on 13th January 2025, came over two years after judgment with no explanation for the delay, and the relief sought could be granted by the Court of Appeal where the appeal was already pending. The application was dismissed with costs.

Key legal issues

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Whether the ELC should extend time for filing a Notice of Appeal against its own judgment

Holding

The application was dismissed; delay of over two years was unexplained and the existence of an already-filed appeal in the Court of Appeal rendered the application to this court unnecessary

Reasoning

Applying Salat, Wambua and County Executive of Kisumu, the court noted that delay in obtaining typed proceedings is not a panacea, the whole period of delay must be explained, and the application must be brought timeously. Here the application was filed on 13th January 2025, over two years after the judgment, with no explanation. Further, the same relief could be granted by the Court of Appeal where an appeal was already pending.

p. 3

Legal principles established

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  • Extension of time is an equitable remedy, not a right; the applicant must explain the whole period of delay to the satisfaction of the court

Court orders

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  1. 1.The application dated 17th December 2024 is dismissed with costs
Jurisdiction invoked
Section 7 of the Appellate Jurisdiction Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ndegwa (Suing as the Legal Representative of the Estate of Jedidah Wanjiku Ndegwa - Deceased) v Jonada Services Limited (Environment & Land Case 216 of 2016) [2025] KEELC 4580 (KLR)", Case Analysis (2025). Notice of Motion dated 17th December 2024 in Nakuru ELC No. 216 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4580/eng@2025-06-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.