Njenga & another v Kenya Electrical Transmission Company Limited (Environment and Land Appeal 53 of 2023) [2026] KEELC 2650 (KLR) (6 May 2026) (Ruling)
The appellants had taken no meaningful steps to prosecute the appeal for about four years, and only two letters requesting proceedings were on record. Although the court did not determine the merits of the appeal or the respondent's complaint about satisfaction of the decree, it found the delay unjustified and...
Source-derived case information.
- Citation
- [2026] KEELC 2650 (KLR)
- Parties
- Appellant/plaintiff: Moses Mburu Njenga & another; Respondent/defendant: Kenya Electrical Transmission Company Limited
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 53 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Application to Strike Out Appeal or Compel Security for Costs
- Outcome
- Conditional dismissal order with time-limited leave to regularize the appeal
- Judges
- ["JM Kamau"]
- Legal Topics
- Appeal Procedure, Security for Costs, Striking Out Appeal, Delay in Filing Record of Appeal, Execution of Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Mburu Njenga & another
Appellant/plaintiff
Kenya Electrical Transmission Company Limited
Respondent/defendant
Procedural Posture
Environment and Land Appeal / Ruling on Application to Strike Out Appeal or Compel Security for Costs
Legal Issues
- 1 Whether the appeal should be struck out summarily because the decree had already been satisfied.
- 2 Whether the appellants should be ordered to file the record of appeal within a fixed period.
- 3 Whether security for costs was warranted in the circumstances.
Ratio Decidendi
The appellants had taken no meaningful steps to prosecute the appeal for about four years, and only two letters requesting proceedings were on record. Although the court did not determine the merits of the appeal or the respondent's complaint about satisfaction of the decree, it found the delay unjustified and ordered the appellants to file the record of appeal within 45 days, failing which the appeal would stand struck out.
Court Disposition
Conditional dismissal order with time-limited leave to regularize the appeal
Orders
- The appellants shall file and serve their record of appeal within 45 days.
- If the appellants fail to comply, the appeal shall stand struck out.
Full Case Text
Judgment text and source record
1 paragraphs
Njenga & another v Kenya Electrical Transmission Company Limited (Environment and Land Appeal 53 of 2023) [2026] KEELC 2650 (KLR) (6 May 2026) (Ruling) Neutral citation: [2026] KEELC 2650 (KLR) Republic of Kenya In the Environment and Land Court at Nyandarua Environment and Land Appeal 53 of 2023 JM Kamau, J May 6, 2026 Between Moses Mburu Njenga & another Plaintiff and Kenya Electrical Transmission Company Limited Defendant Ruling 1.Judgment in the lower Court i.e. Nyahururu CMCELC No. 41 of 2019 was delivered by the Honourable C. Obulutsa, Chief Magistrate on 6/10/2023 to the effect that: -“....... Having considered the Plaintiff’s case, Defence and submissions, the Court finds that on a balance of probability, the Plaintiffs have proved their case to the extent that Judgment will be entered as follows:-1st Plaintiff: - Loss of limited land use already paid. Loss of trees – 160,148/= Loss of bee hives – 112,000/= Total- Kshs 272,148/=2nd Plaintiff: - Loss of limited land use – 237,600/= Loss of trees – 35,050/= Loss of bee hives –252,000/= Total- Kshs 523,650/=The Plaintiffs will have costs of the suit and interest from the date of filing suit” 2.Thereafter the Appellants (who were the Plaintiffs in the lower Court filed this Appeal against the Respondent (the Defendant in the lower Court) vide the Memorandum of Appeal dated 2/1//2022 seeking that the figures be enhanced. 3.On 16/7/2025, the Respondent filed an Application seeking that the current Appeal be struck out summarily or in the alternative that the Appellants be ordered to furnish security for costs in the sum of Kshs 1,000,000 or such other sum as may be determined by the Court as a condition for prosecuting the Appeal. 4.The grounds on which the Application was made was that the Respondent had executed the Decree of the lower Court and even over-paid what was awarded. She had paid Kshs 1,324,516.73 and that an Appeal cannot lie over such a matter where the decretal amount has been satisfied. 5.The undated Affidavit in support of the said Application was sworn by Florence Mitey, company Secretary of the Respondent re-iterating the averments on the face of the Motion. 6.In a Replying Affidavit sworn on 11/2/2026, the 2 Appellants deponed that they have a right of Appeal but have not filed their Record of Appeal because they have not received proceedings from Nyahururu Law Courts. 7.The Question that comes to my mind is “what are the Appellants dissatisfied with?” And why has it taken them so long to file the Record of Appeal? 8.There are only 2 letters seeking proceedings from the Court. One dated 25/10/2022. The second one dated 5/2/2026 just before the current Application was filed, a break of about 4 years. No follow up in between. 9.I will not say much since I have to reserve my observations just in case I may have to hear the Appeal. But I will order that the Appellants do file their Record of Appeal within the next 45 days failure to which the Appeal will stand struck out. Costs of this Application to the Respondent in the Appeal. RULING READ AND DELIVERED AT NYANDARUA THIS 6TH DAY OF MAY 2026.MUGO KAMAUJUDGEIn the Presence of: -Court Assistant: Samson.Appellant’s Counsel: N/A.Respondent’s Counsel: Ms. Seleke.