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Nyabonei & another v Chemutai (Environment and Land Appeal E033 of 2024) [2026] KEELC 2 (KLR) (5 January 2026) (Ruling)

[2026] KEELC 2 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
2
Citation
[2026] KEELC 2 (KLR)
Decided
5 January 2026
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureApplication for review and stay of executionCoramMAO ODENY
The application is dismissed with costs.

Facts

Nyabonei and Kemei filed an application seeking to review a court order and grant a stay of execution, while Alice Chemutai opposed the application.

Issues

  • Whether the application is merited
  • Whether the delay in filing the application is justified

Reasoning

The court found the delay in filing the application to be unjustified and not in the interest of justice, thus not meeting the prerequisites for review as per Order 45 of the Civil Procedure Rules.

Outcome

Application dismissed

Orders

  • No stay of execution granted
  • No costs awarded to the applicants

Remedies

  • None

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (8)
  • Kenya Shell Ltd vs Kibiru & Another
  • Machira t/a Machira & Co Advocates vs East African Standard (No 2)
  • Focin Motorcycle Co. Ltd vs Ann Wambui Wangui & Another
  • Mutisya (Suing as the personal representative of the Estate of Simon Wambua Makau (Dcd) vs Macahria t/a Three Bins Services & another
  • Salat vs Independent Electoral and Boundaries Commission & 7 others
  • Juma vs Pinkertons’ Kenya Ltd
  • Fazal vs Lias
  • Evan Bwire V Andrew Aginda Civil Appeal No. 147 of 2006
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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