Gedion & 2 others v Samson Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6612 (KLR)
The bottom line
#A Meru court postponed judgment because the appellants' written submissions were missing from the court record, stressing parties must verify filings actually appear on record.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whereabouts of the appellants' written submissions, which are neither on the e-portal nor in the physical file, and whether judgment dates can stand in that situation
Key legal issues
#Whether the court can proceed to judgment where only one side's written submissions are on record
No - the court cannot prepare judgment where the appellants' submissions are missing from both the e-portal and the physical file, so the reserved judgment dates must be vacated and the matter listed for mention.
While preparing judgment, the court discovered that the appellants' written submissions were not reflected on the e-portal nor contained in the physical file; only the respondents' submissions were available. Rather than decide the appeal on a partial record, the judge directed the parties to appear on a mention date to explain the whereabouts of the appellants' submissions before judgment dates can be reset.
Legal principles established
#Court orders
#- 1.The orders reserving judgment dates in this appeal are vacated
- 2.The appeal shall be listed for mention on 29/9/2025 when the parties will address the court on the whereabouts of the appellants' written submissions
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court appellate jurisdiction over the appeal admitted before it
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In light of the foregoing, this appeal shall be listed for mention on 29/9/2025 when the parties involved will address the court on the whereabouts of the appellants’ written submissions. For the above reasons, the orders reserving judgement dates in this appeal are hereby vacated.
While preparing judgment in the appeal, it has emerged that the appellants’ submissions are not refiected in the e-portal. They are also not contained in the physical file. Only the respondents’ written submissions are in the e -portal and in the physical file.
Issues in the judgment
#Typographical errors in the judgment ('refiected' for 'reflected'; inconsistent spacing in 'e -portal').
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gedion & 2 others v Samson Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6612 (KLR)", Case Analysis (2025). Environment and Land Appeal E109 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6612/eng@2025-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.