https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2908
The annexures showed that the file sought to be reconstructed was a High Court file, not an ELC file, and there was no evidence of transfer to the Environment and Land Court. Reconstruction in the ELC registry would therefore be futile, so the matter was directed to the High Court Kisumu for appropriate directions...
Source-derived case information.
- Citation
- [2026] KEELC 2908 (KLR)
- Parties
- Applicant: Nahashon Akanda Mbeya; Respondent: Zakaria Kuya Okata
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E006 of 2026
- Procedural Posture
- Miscellaneous Application / Directions
- Outcome
- Application not determined in the ELC; matter referred to the High Court Kisumu for appropriate directions and/or action.
- Judges
- ["E Asati"]
- Legal Topics
- Reconstruction of Court File, Jurisdiction, Transfer of Files Between Courts, Directions on Missing File, High Court File
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nahashon Akanda Mbeya
Applicant
Zakaria Kuya Okata
Respondent
Procedural Posture
Miscellaneous Application / Directions
Legal Issues
- 1 Whether the missing file could be reconstructed in the Environment and Land Court registry
- 2 Whether the matter should instead be placed before the High Court Kisumu for directions and/or action
Ratio Decidendi
The annexures showed that the file sought to be reconstructed was a High Court file, not an ELC file, and there was no evidence of transfer to the Environment and Land Court. Reconstruction in the ELC registry would therefore be futile, so the matter was directed to the High Court Kisumu for appropriate directions and/or action.
Court Disposition
Application not determined in the ELC; matter referred to the High Court Kisumu for appropriate directions and/or action.
Orders
- Ruling on the application is deferred.
- The file shall be placed before the Honourable Judge, High Court Kisumu, for appropriate directions and/or action.
Full Case Text
Judgment text and source record
1 paragraphs
Mbeya v Okata (Miscellaneous Application E006 of 2026) [2026] KEELC 2908 (KLR) (14 May 2026) (Directions) Neutral citation: [2026] KEELC 2908 (KLR) Republic of Kenya In the Environment and Land Court at Kisumu Miscellaneous Application E006 of 2026 E Asati, J May 14, 2026 Between Nahashon Akanda Mbeya Applicant and Zakaria Kuya Okata Respondent Directions 1.I have perused the Notice of Motion application dated 19th February 2026, the Supporting Affidavit and annexures thereto for purposes of writing the ruling. 2.It is clear from the annexures that the file sought to be reconstructed was a High Court file namely; Kisumu HCC No. 219 of 1999(B) Amos Mbeya Olang’o vs Zakaria Kuya Okata. The applicant states that it is in the High Court Registry where the file was searched for and found to be missing. 3.As there is no evidence that the file has ever been transferred to the Environment and Land Court, an order that the file be reconstructed in the ELC registry will be futile. 4.In the premises, and for the interest of justice particularly noting that the applicant is acting in person, the ruling on the application is deferred and directions hereby given that this file be placed before the Honourable Judge High Court Kisumu for appropriate directions and/or action. E. ASATI,JUDGE.14/5/2026.In the presence of:Atika - Court Assistant.Applicant present in person.No appearance for the Respondent.