Kairi v Dolal (Environment and Land Appeal E015 of 2025) [2026] KEELC 1698 (KLR)
The bottom line
#A Garissa court ruled you cannot appeal a judgment after already seeking its review — the two legal routes cannot both be used.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to extension of time to appeal after having pursued review of the same judgment
The application for extension of time fails because the Applicant elected the review remedy, prosecuted it to conclusion, and had also filed and withdrawn an earlier appeal; the law bars appeal after concluded review.
Relying on Section 79G and the Salat principles, the court considered delay, reasons, arguability and prejudice, but found the dispositive question to be the effect of the prior review. Order 45 Rule 1 makes review available only to a party not appealing. The Applicant's review application filed three weeks after judgment also disproved his claim of ignorance of the judgment, undermining his explanation for the delay.
Fate of the subsequent applications dated 11th December 2025 and 22nd January 2026
They were struck out as they depended entirely on the success of the extension-of-time application.
The court had earlier observed that the second and third applications could only be considered if the first succeeded. Once the extension-of-time prayer was declined, there was no appeal upon which the interim injunction, status quo and enforcement orders could be grounded, so the two applications were left without foundation.
Costs
Costs awarded to the respondent as the applicant failed.
Section 27 of the Civil Procedure Act provides that costs follow the event unless the court orders otherwise for good reason; having failed in his applications, the applicant was ordered to bear the respondent's costs.
Legal principles established
#- The remedies of review and appeal are mutually exclusive; a party who prosecutes a review to conclusion cannot thereafter appeal the same judgment.
- Extension of time under Section 79G requires demonstration of good and sufficient cause.
Court orders
#- 1.Prayer (2) for the firm of Duwane & Wethrow Advocates to come on record for the applicant post judgment granted
- 2.The rest of the application dated 8th December 2025 dismissed
- 3.The applications dated 11th December 2025 and 22nd January 2026 struck out
- 4.The applicant to meet the respondent's costs
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (Cap. 21) - jurisdiction to admit an appeal filed out of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kairi v Dolal (Environment and Land Appeal E015 of 2025) [2026] KEELC 1698 (KLR)", Case Analysis (2026). ELC Case (Garissa) - Notices of Motion dated 8th December 2025, 11th December 2025 & 22nd January 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1698/eng@2026-03-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.