https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3325

Since the applicants had already filed the appeal in Kapsabet ELCLA No. E004 of 2026 pursuant to the leave granted, that appeal now carried the matter. The current file served no further purpose and was properly closed to save judicial time.

Source-derived case information.

Citation: [2026] KEELC 3325 (KLR)
Parties: 1st Applicant; Legal Representative of the Estate of Joshua Amaguni Lugia (deceased): Warren Mmene Amuguni; 2nd Applicant; Legal Representative of the Estate of Joshua Amaguni Lugia (deceased): Hastings Ludiha Amuguni; 1st Respondent: Mark Kenyani; 2nd Respondent: Winny Chogo (Gladys)
Court: Environment and Land Court
Jurisdiction: Kenya
Case Number: Land Case Appeal E012 of 2025
Procedural Posture: Land Case Appeal / Ruling on Application for Leave to Appeal Out of Time and Closure of File
Outcome: Application determined as leave to appeal out of time duly granted; file closed.
Judges: ["GMA Ongondo"]
Legal Topics: Leave to Appeal Out of Time, Filing Appeal Within Time Directed by Court, Application Not a Substitute for Appeal, Closure of File After Appeal Filed
Source Language: en

Land Law Civil Procedure Appellate Procedure Leave to Appeal Out of Time Filing Appeal Within Time Directed by Court Application Not a Substitute for Appeal Closure of File After Appeal Filed

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1

Parties

Warren Mmene Amuguni

1st Applicant; Legal Representative of the Estate of Joshua Amaguni Lugia (deceased)

Hastings Ludiha Amuguni

2nd Applicant; Legal Representative of the Estate of Joshua Amaguni Lugia (deceased)

Mark Kenyani

1st Respondent

Winny Chogo (Gladys)

2nd Respondent

Procedural Posture

Land Case Appeal / Ruling on Application for Leave to Appeal Out of Time and Closure of File

Legal Issues

1 Whether the appeal itself had superseded the leave application
2 Whether judicial time should be conserved by closing the file

Ratio Decidendi

Court Disposition

Application determined as leave to appeal out of time duly granted; file closed.

Orders

Leave to appeal out of time is granted.
The instant file is closed.

Full Case Text

Judgment text and source record

1 paragraphs

Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR) (2 June 2026) (Ruling) Neutral citation: [2026] KEELC 3325 (KLR) Republic of Kenya In the Environment and Land Court at Kapsabet Land Case Appeal E012 of 2025 GMA Ongondo, J June 2, 2026 Between Warren Mmene Amuguni 1st Applicant Hastings Ludiha Amuguni 2nd Applicant (Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased) and Mark Kenyani 1st Respondent Winny Chogo (Gladys) 2nd Respondent Ruling 1.The applicants through Eredi Mulama and Company Advocates commenced a Notice of Motion dated 24th November 2025 (The application) seeking leave to file an appeal out of time against the decision delivered on 14th February 2025. 2.On 22nd January 2026, this Honourable Court granted leave sought and directed, inter alia, the applicants’ counsel to file and serve the appeal within fourteen days from that date. 3.Mr Emmanuel Eredi learned counsel for the applicants stated that an appeal namely Kapsabet ELCLA No.E004 of 2026 has been filed further to the orders stated at paragraph 2 hereinabove. Thus, he implored the court to formally close this file. 4.It is trite law that an application seeking leave cannot act as a substitute for an appeal itself. That the appeal is the primary matter and the application for leave acts as an auxiliary door opener; see Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others (2014) eKLR. 5.In the premises, Kapsabet ELCLA No. E004 of 2026 duly instituted assumes carriage of the matter. 6.Accordingly, the application is determined as leave to appeal out of time duly granted and the instant file is hereby closed to save judicial time. 7.It is so ordered. DATED AND DELIVERED AT KAPSABET THIS 2ND DAY OF JUNE 2026.HON. G M A. ONG’ONDOJUDGEIn the presence of;1. Mr Emmanuel Eredi learned counsel for the applicants2. Walter, Court Assistant

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.