Resoluterise Community Based Organization v Ntutu & 2 others (Civil Application E087 of 2025) [2026] KECA 8 (KLR) (16 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 8
- Citation
- [2026] KECA 8 (KLR)
- Decided
- 16 January 2026
The 1st respondent is allowed to continue collecting fees and levies, but must render accurate accounts to the County Government if the appeal succeeds. The appeal and submissions must be filed and served within 15 days.
Facts
The dispute involves a parcel of land measuring approximately 4000 acres in the Masai Mara ecosystem, contested between the 1st and 2nd Respondent. The case has been ongoing for over 25 years and has reached the Supreme Court.
Issues
- Who owns the disputed land between the 1st and 2nd Respondent?
- Whether the applicant can appeal the ELC's ruling and seek an extension of time to file the appeal record.
Reasoning
The court considered the orders made on 16th July 2024 and the applicant's motion invoking Article 50 of the Constitution and rule 4 of the Court's Rules 2022.
Outcome
The reference is allowed, the orders of the single judge are set aside, and an order allowing the Notice of Motion dated 13th July 2025 is substituted.
Orders
- The 1st respondent is allowed to continue collecting fees and levies, but must render accurate accounts to the County Government if the appeal succeeds.
- The appeal and submissions must be filed and served within 15 days.
- The appeal, once filed, shall be fixed for hearing on 27th January 2026.
Remedies
- Extension of time to file and serve the record of appeal out of time.
Authorities cited
Legislation (3)
- Article 50 of the Constitution
- Appellate Jurisdiction Act
- Court's Rules 2022
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