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ELCOtherNot stated in judgment· [2026] KEELC 3325 (KLR)

Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR)

Environment and Land Court
2 June 2026
GOG M A. ONG'ONDO
246 words in judgment
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The bottom line

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Once you've filed your appeal after getting permission, the permission application is finished—the appeal itself takes over the case completely.

What this practically means

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Executive summary

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The applicants, through Eredi Mulama and Company Advocates, filed a Notice of Motion dated 24th November 2025 seeking leave to appeal out of time against a decision delivered on 14th February 2025. On 22nd January 2026, the court granted the leave and directed the applicants' counsel to file and serve the appeal within fourteen days. Counsel, Mr Emmanuel Eredi, informed the court that the appeal, Kapsabet ELCLA No. E004 of 2026, had been filed pursuant to those orders, and asked the court to formally close the application file. Relying on the Supreme Court's decision in Nicholas Kiptoo Arap Korir Salat v IEBC & 7 others (2014) eKLR, the court reiterated that an application for leave cannot substitute for the appeal itself; the appeal is the primary matter and the leave application is merely an auxiliary door opener. Since the appeal had been duly instituted and therefore assumed carriage of the matter, the court determined the application as leave to appeal out of time duly granted and ordered the instant file closed to save judicial time. No costs order was made. The judgment, delivered at Kapsabet on 2nd June 2026 by Hon. G M A. Ong'ondo, Judge, is essentially administrative in character, formally disposing of a spent leave application.

Key legal issues

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01

Status of an application for leave to appeal out of time once the appeal has been filed

Holding

Once leave is granted and the appeal is duly instituted, the appeal assumes carriage of the matter and the leave application file should be closed

Reasoning

The court reiterated the principle from the Salat case that an application for leave is merely an auxiliary step; the appeal itself is the primary matter. Since Kapsabet ELCLA No. E004 of 2026 was filed pursuant to the leave granted on 22nd January 2026, the application file no longer serves any purpose and was closed to save judicial time.

p. 2

Legal principles established

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  • An application for leave is auxiliary to the appeal; it cannot substitute for the appeal itself

Court orders

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  1. 1.Leave to appeal out of time noted as duly granted
  2. 2.The instant file is hereby closed to save judicial time

Authorities

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Cases cited (1)

  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others
    (2014) eKLR
On appeal from
Not stated (decision delivered 14th February 2025, court unnamed)
Jurisdiction invoked
Not expressly stated; court exercising leave jurisdiction under applicable appellate procedure

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, "Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3325/eng@2026-06-02

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