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ELCOtherEnvironment and Land Appeal E109 of 2021· [2025] KEELC 6797 (KLR)
Gedion & 2 others v Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6797 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court in Meru cancelled a scheduled judgment because the appeal record was missing key certified documents; the appeal itself remains undecided.
What this practically means
#Executive summary
#This is a procedural order issued by the Environment and Land Court at Meru (B M Eboso, J) in a pending first-instance appeal, Environment and Land Appeal E109 of 2021, between Stephen Kiogora Gedion and two other appellants on one side and Samson Thuranira, a Member of County Assembly for Ntima West Ward, and the County Government of Meru on the other. The appeal had been scheduled for judgment on 5/11/2025, but an earlier judgment date had been vacated because advocates misled the court that written submissions had been filed when none had been. While preparing to write the judgment, the court discovered serious omissions in the record of appeal: it lacked typed and certified copies of the trial court's proceedings, the memorandum of appearance, the defence, and a certified copy of the decree of the trial court. Rather than strike the appeal out summarily, the court directed the parties to attend court on 5/11/2025 at 9.00 a.m to show cause why the appeal should not be struck out in limine on those grounds, and vacated the order reserving the judgment date. The Registry was ordered to extract the order, upload it onto the CTS and serve the parties' advocates within 48 hours. No costs order was made. The appeal itself remains undecided.
Key legal issues
#01
Adequacy of the record of appeal
Holding
The record is defective for omission of certified proceedings, memorandum of appearance, defence and certified decree, warranting a show-cause direction on striking out
Reasoning
While preparing the judgment the court discovered the record lacked typed and certified proceedings plus other essential documents. Rather than strike out the appeal summarily, the court directed the parties to show cause, and vacated the judgment date previously reserved.
p. 1
Legal principles established
#- A record of appeal must contain typed and certified copies of the trial court proceedings and other essential documents; an appeal lacking them may be struck out in limine
Court orders
#- 1.The order reserving a judgment date in the appeal is vacated
- 2.Parties to attend court on 5/11/2025 at 9.00 a.m to show cause why the appeal should not be struck out in limine on the grounds of missing documents
- 3.The Court Registry to ensure the order is extracted, uploaded onto the CTS and served on the parties' advocates within 48 hours
- Jurisdiction invoked
- Environment and Land Court Act - appellate jurisdiction (Environment and Land Appeal E109 of 2021)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gedion & 2 others v Thuranira (A Member of County Assembly & Ward Representative, Ntima West Ward) & another (Environment and Land Appeal E109 of 2021) [2025] KEELC 6797 (KLR)", Case Analysis (2025). Environment and Land Appeal E109 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6797/eng@2025-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.