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ELCAllowedELCLMISC/E024/2026· [2026] KEELC 6295 (KLR)
Julias Oluoch Okel v Lukas Opondo Angila, Lawrence Omia & 1 Others
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·~2 min to read original · ~4 min briefThe bottom line
#A Siaya court let a late land appeal proceed despite a weak excuse, prioritising the right to be heard over strict deadlines.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Siaya on an application dated 13 July 2026 by Julius Oluoch Okel seeking leave to appeal out of time against the judgment of Hon. E. Tsimonjero delivered on 4 December 2025 at Ukwala, in which the applicant's own suit was dismissed. The application, supported by the applicant's affidavit, was brought under sections 79G and 95 of the Civil Procedure Act. The court identified the governing test as whether there is sufficient cause or good explanation for the delay, citing Leo Sila Mutiso v Rose Hellen Wangari and Paul Musili Wambua v Attorney General & 2 Others [2015] eKLR, and noting that section 16A(2) of the ELC Act restates the power to admit appeals out of time. The applicant explained that he was out of the county on studies from November 2025 to 2026 and lost contact after changing phones. The court observed that it had not seen his passport and questioned why he could not send someone to instruct counsel, but nonetheless granted the extension on the basis of the right to be heard on appeal. Leave was granted, with the appeal to be filed and served within 7 days, failing which the leave would automatically vacate on the 8th day. The applicant was to bear his own costs and the file was closed.
Key legal issues
#01
Whether sufficient cause was shown for the delay in filing the appeal
Holding
Although the explanation was weak, the court granted extension in light of the right to be heard on appeal, noting the applicant's own suit was dismissed.
Reasoning
The applicant attributed the delay to being out of the county on studies from November 2025 to 2026 and losing contact after changing phones. The court noted the absence of a passport and questioned why he could not send someone to instruct counsel, but weighed the right to be heard on appeal and granted the extension.
p. 2
Legal principles established
#- The power to extend time for filing an appeal is donated by section 79G of the Civil Procedure Act and restated by section 16A(2) of the ELC Act.
Court orders
#- 1.Leave to file appeal out of time granted
- 2.Appeal to be filed and served within 7 days of the date of the ruling
- 3.Appellant to bear his own costs
- 4.Leave to automatically vacate on the 8th day upon failure to comply
- 5.File closed
- On appeal from
- Ukwala (magistrates' court)
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act and section 16A(2) of the ELC Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Julias Oluoch Okel v Lukas Opondo Angila, Lawrence Omia & 1 Others", Case Analysis (2026). ELCLMISC/E024/2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6295/eng@2026-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.