Trustees Anglican Church of Kenya & 6 others v Kafuta & 7 others (Environment and Land Appeal E069 of 2025) [2026] KEELC 1908 (KLR) (12 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1908
- Citation
- [2026] KEELC 1908 (KLR)
- Decided
- 12 March 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeEnvironment and Land AppealPostureAppeal from a judgment of the Mombasa Magistrate's CourtCoramHonourable Chief Magistrate, OMBWAYO
Holding
The Court grants leave to file the appeal out of time and grants a stay of execution pending the appeal.
Facts
The 3rd Appellant was served with a decree on 24th September, 2025, eleven days after the appeal period had expired. The Appellants seek leave to file the appeal out of time and a stay of execution pending the appeal.
Issues
- Whether leave should be granted to file the appeal out of time?
- Whether the Preliminary Objection is merited?
- Whether stay of execution pending appeal is warranted?
- Whether the transfer to Voi ELC is in the interests of justice?
Reasoning
The Court finds that the intended appeal has a high chance of success and that the Appellants face imminent eviction, making a stay of execution necessary.
Outcome
Appeal granted
Orders
- Granting leave to file the appeal out of time
- Granting a stay of execution pending the appeal
- Transferring the matter to Voi ELC Court
- Granting appropriate orders to preserve the subject matter of the appeal
Remedies
- Leave to file the appeal out of time
- Stay of execution pending the appeal
Authorities cited
Cases cited (2)
- Towett vs Kibaru & another [2025] KECA 1650 (KLR)
- Article 50 and 159 (2) (d) of the Constitution of Kenya
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.
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