Zadock v Shitandi (Environment and Land Appeal 046 of 2024) [2026] KEELC 953 (KLR)
The bottom line
#A Kenyan High Court struck out an appeal filed over three months late because no application for leave to appeal out of time was ever made.
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 was filed within the 30-day period prescribed by Section 79G of the Civil Procedure Act
- 2.Whether the appellant had obtained leave of court to file the appeal out of time
Key legal issues
#Time limit for filing appeals from subordinate courts and the requirement of leave for late filing
The appeal filed over three months after the decision was out of time and, having been filed without leave and with no application for leave pending, was incurably incompetent and liable to be struck out
Section 79G of the Civil Procedure Act requires appeals from subordinate courts to the High Court to be filed within thirty days of the decree or order appealed against, excluding time certified for preparation of a copy of the decree, with a proviso permitting admission out of time where good and sufficient cause is shown. The appeal against a decision of 23rd April 2024 was filed on 20th August 2024, over three months later. No leave was obtained, and no application for leave was ever filed; counsel instead filed an affidavit explaining delay rather than addressing whether leave existed. The appeal was therefore incompetent.
Legal principles established
#- An appeal from a subordinate court to the High Court must be filed within thirty days, and where there is delay, leave to appeal out of time may be granted only where good and sufficient cause is shown
Court orders
#- 1.The appeal is struck out with costs to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Magistrates' Court (subordinate court)
- Jurisdiction invoked
- Appeal from a subordinate court under Section 79G of the Civil Procedure Act
Relief refused
#Admission of the appeal filed out of time
No application for leave to appeal out of time was before the court and no leave had been obtained
Costs
Costs of the striking out to the respondent - "the same is hereby struck out with costs to the respondent"
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.
I therefore find and hold that this appeal is incurably incompetent and the same is hereby struck out with costs to the respondent.
Where there is a delay, leave to appeal out of time ought to be sought and the same may be granted where a good and suficient cause for delay is shown.
For avoidance of doubt, there is no application before me for leave to file appeal out of time or to deem the appeal already filed as properly filed.
Issues in the judgment
#The judgment does not state the case title, case number or parties' names in the text provided
Section 79G proviso allows admission out of time on good and sufficient cause, yet the court struck out the appeal without determination on the merits because no such application was before it - not a contradiction but a limitation of the disposition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Zadock v Shitandi (Environment and Land Appeal 046 of 2024) [2026] KEELC 953 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/953/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.