Nkonge & 3 others v Mugambi (Civil Application E185 of 2025) [2026] KECA 29 (KLR) (23 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 29
- Citation
- [2026] KECA 29 (KLR)
- Decided
- 23 January 2026
The court allows the extension of time to file the record of appeal, which has since lapsed. The record is to be filed and served within thirty (30) days of today’s date.
Facts
The applicants filed an appeal to the Environment and Land Court (ELC) from the decision of the trial court on 12th November 2019. The ELC delivered its judgment dismissing the appeal on 24th November 2025. The applicants filed a notice of appeal and a request of proceedings on 9th October 2025, but the ELC judgment was delivered on 24th September 2025, making the deadline for lodging a notice of appeal the 8th October 2025. The applicants filed the current application on 15th December 2025.
Issues
- Whether the applicants have provided sufficient reason for the delay in filing the appeal
- Whether the court has the discretionary power to extend time limits
Reasoning
The court considers the applicants' diligence in lodging the notice of appeal and the request for typed proceedings, and the delay in receiving the typed proceedings. The court grants the extension of time due to the applicants' good faith and the lack of prejudice to the respondent.
Outcome
The application is granted.
Orders
- Extension of time to file the record of appeal within 30 days of the date of the ruling
Remedies
- Costs to abide by the outcome of the appeal
Authorities cited
Legislation (2)
- Court of Appeal Rules
- Rules of the Environment and Land Court
Cases cited (3)
- Abdul Aziz Ngoma v Mungai Mathayo [1976] eKLR
- Fakir Mohamed v Joseph Mugambi & 2 Others [2005] KECA 340 (KLR)
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet (Civil Application No. 91 of 2017) [2018] KECA 701 (KLR)
Loading judgment…