Muroki & 6 others v Etaya (Environment and Land Case E045 of 2025) [2025] KEELC 6938 (KLR)
The bottom line
#Kenya's Environment and Land Court struck out an appeal filed just three days late because the appellants never first obtained a court order extending the 30-day filing deadline.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an appeal filed out of the 30-day limitation period without an order enlarging time can be admitted
Key legal issues
#Limitation for filing an appeal to the ELC
The appeal, filed 3 days out of time and without an enlargement order, is fatally defective and must be struck out
The impugned judgment was rendered on 28/5/2025 and the appeal was filed on 30/6/2025. The limitation period under Section 16A of the Environment and Land Court Act and Section 79G of the Civil Procedure Act is 30 days, which lapsed on 27/6/2025, a working day. No extension of time had been obtained, so the appeal could not be admitted.
Costs
Costs follow the event under Section 27 of the Civil Procedure Act, and no grounds justified departure
The court applied the general principle in Section 27 of the Civil Procedure Act that costs follow the event. In the absence of proper grounds to depart from that principle, the unsuccessful appellants were ordered to bear the costs of the appeal.
Legal principles established
#- An appeal filed outside the 30-day limitation period without an order enlarging time cannot be admitted and is fatally defective
Court orders
#- 1.The appeal is struck out
- 2.The appellants shall bear costs of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 16A of the Environment and Land Court Act and Section 79G of the Civil Procedure Act
Relief refused
#Admission of the memorandum of appeal
The appeal was filed after the 30-day limitation period had lapsed and no extension of time had been obtained
Costs
The appellants shall bear costs of the appeal
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.
Consequently, the appeal cannot be admitted. The appeal is fatally defective and stands to be struck out. The appeal is accordingly struck out.
the appellants shall bear costs of the appeal. It is so ordered.
Issues in the judgment
#The judgment does not state the case number, the parties' names, or the court appealed from; the appellants and the subordinate court are unidentified
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muroki & 6 others v Etaya (Environment and Land Case E045 of 2025) [2025] KEELC 6938 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6938/eng@2025-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.