Ponchintesta & another v Karisa (Environment and Land Appeal E021 of 2023) [2026] KEELC 3415 (KLR) (20 May 2026) (Directions)
The court found that the record of appeal was incomplete because the volume supplied ended at page 323 although the index indicated it should run to page 412. Since the missing pages were likely in a supplementary record of appeal, the court deferred judgment and ordered the appellants to supply a physical copy of...
Source-derived case information.
- Citation
- [2026] KEELC 3415 (KLR)
- Parties
- 1st Appellant: Raphaela Ponchintesta; 2nd Appellant: Emmanuel Lewa Mwasambu; Respondent: Thomas Nyundo Karisa
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E021 of 2023
- Procedural Posture
- Environment and Land Appeal / Directions
- Outcome
- Judgment deferred; appellants ordered to file supplementary record of appeal.
- Judges
- ["FM Njoroge"]
- Legal Topics
- Record of Appeal Completeness, Supplementary Record of Appeal, Deferral of Judgment, Mention for Fresh Judgment Date, Court Documents in Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raphaela Ponchintesta
1st Appellant
Emmanuel Lewa Mwasambu
2nd Appellant
Thomas Nyundo Karisa
Respondent
Procedural Posture
Environment and Land Appeal / Directions
Legal Issues
- 1 Whether the record of appeal was complete for purposes of preparing judgment
- 2 What course the court should take upon discovering missing pages from the record of appeal
Ratio Decidendi
The court found that the record of appeal was incomplete because the volume supplied ended at page 323 although the index indicated it should run to page 412. Since the missing pages were likely in a supplementary record of appeal, the court deferred judgment and ordered the appellants to supply a physical copy of the supplementary record within 14 days, with a mention date fixed for issuance of a fresh judgment date.
Court Disposition
Judgment deferred; appellants ordered to file supplementary record of appeal.
Orders
- Appellants to provide a physical copy of the supplementary record of appeal within 14 days of the order.
- Matter to be mentioned on 11 June 2026 for issuance of a fresh judgment date.
Full Case Text
Judgment text and source record
1 paragraphs
Ponchintesta & another v Karisa (Environment and Land Appeal E021 of 2023) [2026] KEELC 3415 (KLR) (20 May 2026) (Directions) Neutral citation: [2026] KEELC 3415 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Environment and Land Appeal E021 of 2023 FM Njoroge, J May 20, 2026 Between Raphaela Ponchintesta 1st Appellant Emmanuel Lewa Mwasambu 2nd Appellant and Thomas Nyundo Karisa Respondent Directions 1.This is an appeal from the judgment of the Senior Principal Magistrate Hon James Ongondo sitting at Malindi made on 25th April 2023 in ELC No 18 of 2021. 2.As this court was preparing this judgment it noted that the index in the record of appeal indicates that the last page in the Record of Appeal bundle should be numbered 412. The volume that has been available to court is only up to page 323, meaning that numerous pages have been left out probably in the form of a Supplementary Record of Appeal. 3.Regrettably, while admitting the appeal for hearing that error was not detected at all by this court. This is a court of record and all documents required to be in the Record of Appeal must be available as per the Rules. 4.The only course of action that the court has is to defer the judgment to such a date as when the supplementary record of appeal will be available to enable the court prepare the judgment without any hitch. I therefore order the appellants to provide a physical copy of the supplementary record of appeal within 14 days of this order. This matter shall be mentioned on the 11th June 2026 for issuance of a fresh judgment date. DATED, SIGNED AND ISSUED AT MALINDI ON THIS 20TH MAY 2026. MWANGI NJOROGEJUDGE, ELC MALINDI.