https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4855
The Notice of Motion dated 20 May 2026 was struck out because it sought relief contrary to earlier binding directions of the court, particularly those requiring the appellant to prosecute the appeal within the set timelines; only submissions remained available within the timetable fixed by the court.
Source-derived case information.
- Citation
- [2026] KEELC 4855 (KLR)
- Parties
- Appellant: John Gakuo Githinji; Respondent: Jackson Muriithi Mararo
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E026 of 2021
- Procedural Posture
- Environment and Land Court Appeal / Directions on Appeal; Interlocutory Motion Struck Out
- Outcome
- Notice of Motion dated 20 May 2026 struck out; appeal to proceed by written submissions only.
- Judges
- ["EK Makori"]
- Legal Topics
- Appeal Management, Compliance With Court Directions, Amendment of Memorandum of Appeal, Striking Out Motion, Written Submissions, Site Visit/application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Gakuo Githinji
Appellant
Jackson Muriithi Mararo
Respondent
Procedural Posture
Environment and Land Court Appeal / Directions on Appeal; Interlocutory Motion Struck Out
Legal Issues
- 1 Whether the Notice of Motion dated 20 May 2026 offended earlier court directions
- 2 Whether the appellant could be allowed to amend the memorandum of appeal and seek a site visit
- 3 What procedural steps remained open for disposal of the appeal
Ratio Decidendi
The Notice of Motion dated 20 May 2026 was struck out because it sought relief contrary to earlier binding directions of the court, particularly those requiring the appellant to prosecute the appeal within the set timelines; only submissions remained available within the timetable fixed by the court.
Court Disposition
Notice of Motion dated 20 May 2026 struck out; appeal to proceed by written submissions only.
Orders
- The Notice of Motion dated 20 May 2026 is struck out.
- The orders issued on 9 October 2025 and 17 December 2025 remain in force.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT NYERI** **ELC APPEAL NO. E026 OF 2021** **JOHN GAKUO GITHINJI ……………………………………...APPELLANT** **-VERSUS-** **JACKSON MURIITHI MARARO……………...................... RESPONDENT** **DIRECTIONS** 1. This court (Kimani J) issued clear timelines for disposing of the current appeal (Paragraph 23 of the Ruling dated 9th October 2025): 2. **Appellant to prosecute the Appeal herein within 90 days from the date of the Ruling; in default, the order(s) issued by the court shall lapse automatically.** 3. **Appellant to file and serve a written submission on the Appeal within 14 days from the date of the order. Respondent to file and serve submissions within 14 days from the date of service.** 4. **Further mention on December 17, 2015.** 5. In the directions of this Court (Kimani J.) issued on December 17, 2025, she declined an invitation to allow amendment of the Memo. of Appeal and directed that it ran contrary to the earlier orders she had issued. The matter was placed for directions on February 26, 2026. The court did not sit that day. 6. Therefore, the next proceedings remain a nullity and are contrary to this Court's directions (Kimani J.). 7. Consequently, the Notice of Motion dated 20th May 2026, seeking an amendment to the Memo. of Appeal and a site visit, is part of this Court’s order dated 9th October 2025 and those dated 17th December 2026. 8. Consequently, the Notice of Motion dated May 20, 2026, is hereby struck out. The orders issued by this Court on October 9, 2025, and those dated December 17, 2026, still stand. 9. The only window this Court will offer the Appellant is to file submissions within the next 14 days. Respondent to respond within 14 days of service, with a Judgment date provided. **HON. E.K. MAKORI** **JUDGE** Court: Directions provided virtually this 22nd day of July, 2026, in the presence of: Mr. Nderitu for the Appellant Court Assistant: Denis In the Absence of Ms. Wahome for the Respondent **HON. E.K. MAKORI** **JUDGE**