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)
The 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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal should be struck out in limine for want of typed and certified copies of the trial court proceedings and other missing documents
- 2.Whether the order reserving a judgment date should be vacated
Key legal issues
#Adequacy of the record of appeal
The record is defective for omission of certified proceedings, memorandum of appearance, defence and certified decree, warranting a show-cause direction on striking out
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.
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
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court Act - appellate jurisdiction (Environment and Land Appeal E109 of 2021)
Relief refused
#Delivery of judgment on 5/11/2025 as scheduled
The record of appeal lacks essential documents including certified proceedings, memorandum of appearance, defence and certified decree
Costs
No costs order made
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.
Let the parties 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 above grounds. Due to the missing important documents, the order reserving a judgment date in this appeal is hereby vacated.
The Court Registry shall ensure this order is extracted, uploaded onto the CTS and served on the parties’ advocates within 48 hours.
Issues in the judgment
#This is an interlocutory order, not a judgment disposing of the appeal; the appeal remains pending with a show-cause date fixed
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.