REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT SIAYA COUNTY COURT NAME: SIAYA ENVIRONMENT AND LAND COURT CASE NUMBER: ELCLMISC/E024/2026 JULIAS OLUOCH OKEL VS LUKAS OPONDO ANGILA AND LAWRENCE OMIA AND 1 OTHERS RULING The application dated 13 th day of July 2026 seeks leave to appeal out of time the judgment delivered by Hon. E. Tsimonjero dated 4/12/2025 at Ukwala. The application is supported by the affidavit sworn by Julius Oluoch Okel and annexures thereto. It is brought substantially under section 79G & 95 of the Civil procedure Act. The power to extend time of appeal is donated to this court by the provisions of section 79 G of the Civil procedure Act, section 16 (A) (2) of the ELC Act also restates the power to admit appeal out of time. Also see the case of Leo Sila Mutiso Vs. Rose Hellen Wangari and Paul Musili Wambua v Attorney General & 2 Others [2015] eKLR. The question is whether there is sufficient cause or good explanation for the delay to warrant the extension. Applicant states he was out of the county on studies having left in November 2025 and came back in 2026. He states he lost contact as he changed phones. I have not seen the passport. I 1
page 1 of 3
also don’t see the reason why he could not send any of his people to instruct counsel. Be that as it may I will look at the issue from the right to be heard on appeal and grant the extension of time. I note it is his suit that was dismissed by the trial court. The leave to file appeal out of time is hereby granted. The appeal shall be filed and served within 7 days of today’s date. Let the appellant bear his own costs. Failure to comply with the orders of the court, leave shall automatically vacate on the 8th day. The file is closed. Dated at Siaya this 8th Day of October 2026 HON. JUSTICE A. E. DENA JUDGE 8/10 /2026 Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the Presence of: Mr. Oduol for Applicant M/S Odhiambo holding brief for Essendi for 3rd Respondent No appearance for 1st and 2nd Respondents. Court assistant: Victor Bwire 2
page 2 of 3
3
page 3 of 3