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JudgmentKEPTEIKAT NKURRUNA KIPRONO VS KILOKU DANIEL KERIAKOR2 min read

KEPTEIKAT NKURRUNA KIPRONO VS KILOKU DANIEL KERIAKOR

Environment and Land Court at Kilgoris Environment and Land Court · · E. M. WASHE, J

The application for determination is the one dated 8/12/2023.

It seeks this court set aside the orders of 1/12/2023 and reinstate the memorandum of appeal dated 12/6/2020.

The basis of the application is that the previous advocate was not diligent enough to procure the relevant document to complete the record of appeal.

However, the appellant has now produced another advocate who confirms that the decree and proceedings are now ready and he can file the record within 30 days from today’s date.

The respondent on the other hand is of the view that the appellant has been slow and in fact caused an inordinate delay in preparing, filing and prosecuting this appeal.

The consequence of this inaction is that the respondent have been denied the fruits of their judgment and caused them a lot of anguish as well as damage.

Looking at these two opposing positions, the court is of the view that an appeal is one of the avenues of a fair hearing as enshrined in the constitution.

Such a right is a fundamental one to which every court should strive to achieve.

However, it is not an avenue to also tolerate a party that is not d………. to prosecute his case.

This court takes note that the appellant has been appearing in court through an advocate.

Unfortunately, the advocate seems to have faced unknown challenges in procuring the required documents to do the record of appeal.

This conduct or inability by the advocate in the court’s view should not be visited on the appellant personally.

The confirmation by the new advocate that the decree and the proceedings are ready is a positive step to having the appeal admitted and heard.

Consequently, I therefore allow the application dated 8/12/2023 on the following orders:

  1. The order issued on 1/12/2023 is herby vacated and/or set aside.
  2. The memorandum of appeal dated 12/6/2020is hereby reinstated.
  3. The appellant is granted leave of 30 days from today’s date to prepare, file and serve the record of appeal.
  4. The appellant is condemned to pay throw away costs of Ksh. 30,000/= to the respondent within 30 days from today’s date.
  5. In the event the appellant shall not comply with the order number 3 herein above, the orders issued as number 1 and 2 will automatically lapse.


    KEPTEIKAT NKURRUNA KIPRONO VS KILOKU DANIEL KERIAKOR KEPTEIKAT NKURRUNA KIPRONO VS KILOKU DANIEL KERIAKOR