[2025] KEELC 4065 (KLR)
The court found that the application dated 12/2/2025 was incompetent because the order sought to be vacated, issued on 30/10/2024, had already been fully implemented and was spent after the expiry of the 14-day period for filing the intended appeal. There was no subsisting order to vacate, and the file was already...
Source-derived case information.
- Citation
- [2025] KEELC 4065 (KLR)
- Parties
- Applicant: Teresiah Eustace Kangangi; Respondent: Anderson Mwiathi Kiriungi; Respondent: Peter Mutwiri Kiriungi; Respondent: Peter Mwenda Kiriungi; Respondent: Juliet Gakii Kiriungi; Respondent: Joseph Kirimi Kiriungi; Respondent: Leah Muthoni Kiriungi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E004 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Vacate Previous Order
- Outcome
- application struck out
- Judges
- BM Eboso
- Legal Topics
- Striking Out Application, Finality of Orders, Stay of Execution, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Teresiah Eustace Kangangi
Applicant
Anderson Mwiathi Kiriungi
Respondent
Peter Mutwiri Kiriungi
Respondent
Peter Mwenda Kiriungi
Respondent
Juliet Gakii Kiriungi
Respondent
Joseph Kirimi Kiriungi
Respondent
Leah Muthoni Kiriungi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Vacate Previous Order
Legal Issues
- 1 Whether the application dated 12/2/2025 seeking to vacate the ruling/order of 30/10/2024 is tenable in law.
- 2 Whether there was any subsisting order capable of being vacated at the time of the application.
- 3 Whether costs should be awarded given the circumstances of the application.
Ratio Decidendi
The court found that the application dated 12/2/2025 was incompetent because the order sought to be vacated, issued on 30/10/2024, had already been fully implemented and was spent after the expiry of the 14-day period for filing the intended appeal. There was no subsisting order to vacate, and the file was already finalized. As such, the relief sought was not available, and the application was struck out. The court further held that, given the circumstances, no order as to costs would be made.
Court Disposition
application struck out
Orders
- The application dated 12/2/2025 is struck out.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
Kangangi v Kiriungi & 5 others (Environment and Land Miscellaneous Application E004 of 2024) [2025] KEELC 4065 (KLR) (20 May 2025) (Ruling)
Neutral citation: [2025] KEELC 4065 (KLR)
Republic of Kenya
In the Environment and Land Court at Chuka
Environment and Land Miscellaneous Application E004 of 2024
BM Eboso, J
May 20, 2025
Between
Teresiah Eustace Kangangi
Applicant
and
Anderson Mwiathi Kiriungi
1st Respondent
Peter Mutwiri Kiriungi
2nd Respondent
Peter Mwenda Kiriungi
3rd Respondent
Juliet Gakii Kiriungi
4th Respondent
Joseph Kirimi Kiriungi
5th Respondent
Leah Muthoni Kiriungi
6th Respondent
Ruling
1. This miscellaneous application was initiated through a notice of motion dated 19/3/2024. The notice of motion was not clear on the reliefs sought. It was drawn by Teresiah Wanjiku Kangangi acting in person.
2. The notice of motion dated 19/3/2024 was disposed through a ruling rendered on 30/10/2024 by Yano J. The disposal order issued by Yano J reads as follows:“37. Accordingly, I allow the Applicant’s application dated 19th March 2024 and order that the intended appeal be filed and served within 14 days from the date of this ruling.38. Costs of the application to abide the outcome of the intended appeal.”
3. The court has perused the application dated 19/3/2024 and the ruling dated 30/10/2024. The application did not contain a prayer for stay of execution of the decree of the lower court. Similarly, the ruling dated 30/10/2024 did not contain an order staying execution of the decree of the lower court. Most important, this suit was fully disposed through the ruling dated 30/10/2024. The order contained in the said ruling stood spent on expiry of the 14 days within which the applicants were to file their intended appeal.
4. Consequently, there is nothing to vacate in the ruling/order dated 30/10/2024. Put differently, the relief sought in the application dated 12/2/2025 is not available on the platform of Miscellaneous Application No E004 of 2024.
5. The result is that the application dated 12/2/2025 is struck out on the above ground. Taking into account the circumstances of the application, there shall be no award of costs.
6. Lastly, this being a finalized/closed file, it shall go back to the Registry without a date for the next activity.
DATED, SIGNED AND DELIVERED VIRTUALLY AT CHUKA THIS 20TH DAY OF MAY, 2025. B M EBOSO [MR]JUDGEIn the Presence of:Mr. Wakoko for the ApplicantsMs. Musili for the RespondentCourt Assistant – Mr. Mwangi