Were v Mbori (Suing as the Legal Representative of the Estate of the Late Isaac Mbori Oyugi-Deceased) (Environment and Land Appeal E008 of 2022) [2022] KEELC 15555 (KLR) (19 December 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 15555
- Citation
- [2022] KEELC 15555 (KLR)
- Decided
- 19 December 2022
Summary at a glance
TypeEnvironment and Land AppealPostureAppeal from a decision of the Environment and Land CourtCoramGMA ONGONDO
The application is allowed, and costs of the application are to abide this appeal.
Facts
The appellant, Joseph Ochilo Were, sought an application to stay the trial court's judgment due to the likelihood that the appeal would be rendered nugatory and the importance of the right to access to justice and fair hearing as stipulated in the Constitution of Kenya, 2010.
Issues
- Whether the appeal is likely to be rendered nugatory
- Whether the right to access to justice and fair hearing is violated
- Whether the delay in filing the application is unreasonable
Reasoning
The court finds merit in the application and upholds the right to fair hearing and access to justice, considering the delay in filing the application as not unreasonable and the importance of the right to fair trial.
Outcome
Appeal allowed
Orders
- Allow the application
Authorities cited
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