Echesa v Wanyama (Civil Appeal E166 of 2025) [2026] KEHC 10851 (KLR) (8 July 2026) (Ruling)
The court held that because the respondent’s counsel was not on record and service was disputed, the application would proceed ex parte. Upon considering the motion, the court found the matter had been misfiled and ordered that it be transferred to the Bungoma Environment and Land Court for hearing and...
Source-derived case information.
- Citation
- [2026] KEHC 10851 (KLR)
- Parties
- Appellant: Judith Makokha Echesa; Respondent: Bramwel Wafula Wanyama
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E166 of 2025
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Ex Parte Transfer Application
- Outcome
- Application allowed in its entirety.
- Judges
- ["E Ominde"]
- Legal Topics
- Transfer of Suit, Misfiling in Wrong Court, Ex Parte Application, Registry Error, Jurisdiction of Environment and Land Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Judith Makokha Echesa
Appellant
Bramwel Wafula Wanyama
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Ex Parte Transfer Application
Legal Issues
- 1 Whether the appeal was filed in the wrong court and should be transferred to the Environment and Land Court.
- 2 Whether the application could proceed ex parte due to lack of service and counsel’s status on record.
Ratio Decidendi
The court held that because the respondent’s counsel was not on record and service was disputed, the application would proceed ex parte. Upon considering the motion, the court found the matter had been misfiled and ordered that it be transferred to the Bungoma Environment and Land Court for hearing and determination, with costs in the cause.
Court Disposition
Application allowed in its entirety.
Orders
- This matter is transferred to the Bungoma Environment and Land Court for hearing and determination.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
Echesa v Wanyama (Civil Appeal E166 of 2025) [2026] KEHC 10851 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10851 (KLR) Republic of Kenya In the High Court at Bungoma Civil Appeal E166 of 2025 E Ominde, J July 8, 2026 Between Judith Makokha Echesa Appellant and Bramwel Wafula Wanyama Respondent Ruling 1.Before this court is an Exparte Notice of Motion by the Appellant dated 5th July, 2026 brought Under Section 1(A) and 3(A) of the Civil Procedure Act seeking the following orders:a.That this Application be heard Exparte.b.That whereas there was misfiling of this Appeal in this Honourable Court, the same should be transferred to the Environment and Land Court Bungoma for final disposal as there was confusion in the registration in the Court Registry Portal.c.That costs be granted. 2.The application is supported by the grounds on the face of it and the Affidavit of Judith Makokha Echessa sworn on 5th July, 2026. 3.Counsel for the Applicant Mr. Ombito stated that the matter was for dismissal for reasons that the matter should have been before the ELC Court. He prays that it be transferred because it is the Registry that erroneously sent it to this Court and that the Application is Exparte. 4.Counsel for the Respondent Mr. Murunga in his oral representations stated that he had not been served with the Application and he doesn’t understand how it is that the Registry is the one that erroneously sent the matter to this Court yet it is Counsel who filed it through the CTS. That for Reasons that he was not served, he is not able to concede to or oppose the Application. 5.The Court in noting that Counsel Mr. Murunga is not on record on this matter determined that, he cannot then have audience in the matter. The Court therefore proceeded with the Application as an exparte one, as it has been expressed to have been brought. I have addressed my mind to the said application and the same is now hereby allowed in its entirety as follows;a.That this matter be and is hereby transferred to Bungoma Environment and Land Court for hearing and determination.b.That costs shall be in the cause.c.This file is hereby closed. Read Dated and Signed at BUNGOMA on 8th day of July, 2026E. OMINDEJUDGE