Nyeri v Nyaga & 5 others (Suing on Their Behalf and as Officials, on Behalf of Mathari Villagers Self Help Project’s Membership) (Civil Application E043 of 2022) [2025] KECA 359 (KLR) (28 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 359
- Citation
- [2025] KECA 359 (KLR)
- Decided
- 28 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks to strike out the Notice of Appeal and the Record of AppealCoramS. ole KANTAI, J. LESIIT, ALI – ARONI
Holding
The Notice of Appeal and Record of Appeal are struck out with costs to the appellant
Facts
The appellant, Tarcisio Nyaga & 5 others, filed a Notice of Appeal on November 24, 2021, but failed to serve it on the respondent, The Registered Trustees Catholic Archdiocese of Nyeri, as required by Court of Appeal Rules.
Issues
- Procedural failure in filing and serving Notice of Appeal
- Validity of the Notice of Appeal and Record of Appeal
Reasoning
The Court found that the appellant failed to serve the Notice of Appeal on the respondent within the required time frame and did not avail itself of other processes to comply with the procedural rules.
Outcome
Appeal dismissed
Orders
- Notice of Appeal and Record of Appeal struck out
- Costs awarded to the respondent
Authorities cited
Cases cited (2)
- Raila Odinga v I.E.B.C & others [2013] eKLR
- Law Society of Kenya v Centre for Human Rights & Democracy & 12 others [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…