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ELCDismissedNot stated in judgment· [2026] KEELC 1056 (KLR)

Not stated in judgment (4th Respondent/Applicant's Notice of Motion dated 12th June, 2025)

Environment and Land Court
26 February 2026
4,713 words in judgment
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The bottom line

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A Kenyan court refused to extend time for an appeal because a seven-month delay was blamed on the lawyer, which doesn't excuse a party's own inaction.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (O. A. Angote J) on the 4th Respondent's Notice of Motion dated 12th June 2025, seeking leave to appeal out of time against the court's judgment of 17th October 2024 and a stay of execution of that judgment and the decree of 13th May 2025. The application followed service of an execution notice with the decree in June 2025; the applicant attributed its inaction to its former advocate's failure to communicate the judgment. The Petitioners opposed, contending the court lacked jurisdiction to extend time for an appeal to the Court of Appeal and that the thresholds for extension and stay were unmet. The court framed three issues. On jurisdiction, it held that Section 7 of the Appellate Jurisdiction Act confers concurrent power on the High Court and courts of equal status to extend time for filing a Notice of Appeal, exercisable only where no step has been taken at the Court of Appeal; since no Notice of Appeal had been filed, jurisdiction existed and the objection failed. On the merits, applying Leo Sila Mutiso and Salat, the court found the seven-month delay inordinate and unexplained; blame of counsel could not excuse inaction, as litigation belongs to the litigant; and no draft memorandum of appeal was offered to demonstrate arguability. Prejudice to the Petitioners outweighed any indulgence. The stay prayer was rendered moot, lacking a foundation in leave to appeal. The Motion was dismissed with costs.

Key legal issues

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01

Jurisdiction of the ELC to extend time for filing a Notice of Appeal to the Court of Appeal

Holding

The court has jurisdiction under Section 7 of the Appellate Jurisdiction Act where the intending appellant has taken no step before the Court of Appeal; the objection on jurisdiction failed

Reasoning

The court distinguished Rule 4 of the Court of Appeal Rules from Section 7 of the Appellate Jurisdiction Act, adopting the reasoning in Loise Chemutai Ngurule and Sammy Kuria Ndungu that both courts hold the power concurrently, the High Court's authority being limited to first-time applications before any step is taken at the Court of Appeal.

p. 7
02

Whether leave to appeal out of time should be granted

Holding

Refused: the seven-month delay was inordinate and unexplained; blame of former Counsel does not excuse inaction; no draft memorandum of appeal was provided to demonstrate arguability

Reasoning

Applying Leo Sila Mutiso and Nicholas Kiptoo Arap Korir Salat, the court weighed the length of and reason for the delay, arguability of the appeal and prejudice to the respondent. The applicant participated in proceedings, was served with notice of judgment, offered no evidence of diligence, and disclosed no grounds of appeal; granting the orders would delay enjoyment of a valid judgment without exceptional circumstances.

p. 8
03

Whether stay of execution pending appeal should be granted

Holding

Refused as moot: without leave to appeal, there is no basis for a stay pending appeal

Reasoning

Under Order 42 Rule 6(1) and (2) and Vishram Ravji Halai, stay requires sufficient cause, substantial loss, security and lack of unreasonable delay. The court did not reach these criteria because the foundational prayer for leave to appeal out of time had failed, leaving the stay prayer without an anchor.

p. 9

Legal principles established

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  • Section 7 of the Appellate Jurisdiction Act confers jurisdiction on the High Court (and courts of equal status) to extend time for filing a Notice of Appeal to the Court of Appeal, but only where no Notice of Appeal has been lodged in the Court of Appeal and no step taken there; once any step is taken, jurisdiction shifts exclusively to the Court of Appeal
  • Litigation belongs to a litigant and not to Counsel; a party cannot escape the consequences of inaction by shifting blame to Counsel

Court orders

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  1. 1.The Notice of Motion dated 12th June, 2025 fails and is dismissed with costs
Jurisdiction invoked
Sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act; Order 40 Rules 1, 2 and 3 & Order 51 Rule 1 of the Civil Procedure Rules; Section 7 of the Appellate Jurisdiction Act (Cap 9)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Not stated in judgment (4th Respondent/Applicant's Notice of Motion dated 12th June, 2025)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1056/eng@2026-02-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.