[2025] KEELC 3530 (KLR)
The court found that while the appellant had only made a single attempt to request the proceedings, it is ultimately the court's responsibility to provide typed proceedings once payment is made. The appellant's failure to send further reminders did not, in the court's view, amount to indolence sufficient to warrant...
Source-derived case information.
- Citation
- [2025] KEELC 3530 (KLR)
- Parties
- Appellant: John Mekuyian Nongoboi; Respondent: Joseph Kilingat; Respondent: Land Registrar Transmara West Sub-County; Respondent: Land Adjudication and Settlement Officer Nkararo; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kilgoris
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E010 of 2024
- Procedural Posture
- Environment and Land Appeal / Ruling on Notice to Show Cause Regarding Delay in Filing Record of Appeal
- Outcome
- Conditional extension granted; appeal not dismissed at this stage.
- Judges
- MN Mwanyale
- Legal Topics
- Appeal Delay, Record of Appeal, Typed Proceedings, Dismissal for Want of Prosecution
- 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
John Mekuyian Nongoboi
Appellant
Joseph Kilingat
Respondent
Land Registrar Transmara West Sub-County
Respondent
Land Adjudication and Settlement Officer Nkararo
Respondent
Attorney General
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Notice to Show Cause Regarding Delay in Filing Record of Appeal
Legal Issues
- 1 Whether the appellant has shown sufficient cause for the delay in filing the record of appeal.
- 2 Whether the appeal should be dismissed for want of prosecution due to inordinate delay.
Ratio Decidendi
The court found that while the appellant had only made a single attempt to request the proceedings, it is ultimately the court's responsibility to provide typed proceedings once payment is made. The appellant's failure to send further reminders did not, in the court's view, amount to indolence sufficient to warrant dismissal of the appeal. The court considered it punitive to dismiss the appeal in these circumstances and instead directed that the proceedings be typed and supplied to the parties within 60 days upon payment of requisite fees. The appellant was ordered to file the record of appeal within 75 days, failing which the appeal would stand dismissed. This approach balanced the need...
Court Disposition
Conditional extension granted; appeal not dismissed at this stage.
Orders
- Proceedings in Kilgoris CMCC No. E040/2021 to be typed and supplied to parties upon payment of requisite fees within 60 days from the date of ruling.
- Appellant to file record of appeal within 75 days from the date of ruling, failing which the appeal shall stand dismissed.
Full Case Text
Judgment text and source record
33 paragraphs
Nongoboi v Kilingat & 3 others (Environment and Land Appeal E010 of 2024) [2025] KEELC 3530 (KLR) (5 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3530 (KLR)
Republic of Kenya
In the Environment and Land Court at Kilgoris
Environment and Land Appeal E010 of 2024
MN Mwanyale, J
May 5, 2025
Between
John Mekuyian Nongoboi
Appellant
and
Joseph Kilingat
1st Respondent
Land Registrar Transmara West Sub-County
2nd Respondent
Land Adjudication and Settlement Officer Nkararo
3rd Respondent
Attorney General
4th Respondent
(Appeal against the decision of Hon. C.W Waswa delivered on 22nd day of March 2024 in Kilgoris SPMC No. ELC No. 40/2021. )
Ruling
1. On 5th of April 2024, the Appellant herein filed a Memorandum of Appeal against the decision of Hon. C.W Waswa delivered on 22nd day of March 2024 in Kilgoris SPMC No. ELC No. 40/2021.
2. No steps were taken to file the Record of Appeal and/or prosecute the Appeal prompting the court to issue a Notice to show cause on 30th of January 2025, which Notice to Show Cause was initially listed for 01. 04. 2025, for hearing.
3. On the said 01. 04. 2025, Ms. Kithinji advocate held brief for Ms. Mireri for the Appellant and sought for time to file the Replying Affidavit while Mr. Seriani sought for the dismissal of the Appeal.
4. The court allowed the Appellant’s Counsel to file an Affidavit showing cause and the matter slated for 03. 04. 2025, and on the appointed dated, an affidavit showing cause was filed by the Appellant to which the Respondent sought and was granted time to respond; and matter reserved for Ruling on 05. 05. 2025.
5. Upon consideration of the affidavit showing cause deponed by Ms. Mireri Esq. Advocate who deposes that upon filing of the memorandum of Appeal, they also sought to be supplied with proceedings and judgment but were never supplied despite personal follow up at the registry.
6. Due to the above reasons, they have been unable to file the record of Appeal but the Appellant is ready and willing to prosecute the Appeal.
7. The Respondent on his part deponed that there has been an inordinate delay in prosecuting the Appeal, but left it to the court.
8. The annextures filed in the Replying affidavit show a letter ostensibly dated 5th of April 2024, but received in court on 17th April 2024 as the only letter for the proceedings, there is no other attempt at a reminder.
9. It is the court’s duty to avail typed proceedings to the parties once they pay for them. In the instance case, the Appellant paid for the proceedings but failed to follow up, save for one letter.
10. Having discharged that obligation it would be punitive to dismiss the Appeal hence the court directs that the proceedings in respect of Kilgoris CMCC No. E040/2021, Between Joseph Kilingat and John Mekuyiani Ndongoboi and 3 Others be typed and supplied to the parties upon payment of requisite fees within 60 days from today. The Appellant to file record of Appeal within 75 days from today, failure to which the Appeal shall stand dismissed.
11. Matter to be mentioned for directions on 30th July 2025.
DATED AT KILGORIS THIS 5TH DAY OF MAY, 2025. HON. M.N MWANYALEJUDGEIn the presence ofCA – Emmanuel/SylviaMr. Seriani for RespondentMs. Mireri for the Appellant