Kabwi v Kabunduru (Civil Application E178 of 2025) [2026] KECA 36 (KLR) (23 January 2026) (Ruling)

Facts

The applicant, Jeremiah Kabwi, filed a notice of appeal against the judgment of the Environment and Land Court at Meru on 9th October 2025, granting the respondent full entitlement to L.R. No. Nyambene/Uringu/III/978. The applicant claims the delay in filing the appeal record was due to administrative hurdles, personal pressure, and consultations with elders.

Issues

1. Whether the applicant's application for extension of time to file and serve the appeal record out of time should be granted
2. Whether the applicant's constitutional right to a fair hearing under Article 50(1) of the Constitution is compromised if the application is not granted

Reasoning

The court found the application to be an omnibus application and not properly before a full bench. The court emphasized that an application for an extension of time must be heard before an application for a stay of execution. The court also noted that the applicant failed to demonstrate valid grounds for appeal.

Outcome

Denied

Authorities cited