1. The applicants through Eredi Mulama and Company Advocates commenced a Notice of Motion dated 24th November 2025 (The application) seeking leave to file an appeal out of time against the decision delivered on 14th February 2025.
2. On 22nd January 2026, this Honourable Court granted leave sought and directed, inter alia, the applicants’ counsel to file and serve the appeal within fourteen days from that date.
3. Mr Emmanuel Eredi learned counsel for the applicants stated that an appeal namely Kapsabet ELCLA No.E004 of 2026 has been filed further to the orders stated at paragraph 2 hereinabove. Thus, he implored the court to formally close this file.
4. It is trite law that an application seeking leave cannot act as a substitute for an appeal itself. That the appeal is the primary matter and the application for leave acts as an auxiliary door opener; see Nicholas Kiptoo Arap Korir Salat vs Independent Electoral and Boundaries Commission & 7 others (2014) eKLR.
2. On 22nd January 2026, this Honourable Court granted leave sought and directed, inter alia, the applicants’ counsel to file and serve the appeal within fourteen days from that date.
3. Mr Emmanuel Eredi learned counsel for the applicants stated that an appeal namely Kapsabet ELCLA No.E004 of 2026 has been filed further to the orders stated at paragraph 2 hereinabove. Thus, he implored the court to formally close this file.
4. It is trite law that an application seeking leave cannot act as a substitute for an appeal itself. That the appeal is the primary matter and the application for leave acts as an auxiliary door opener; see Nicholas Kiptoo Arap Korir Salat vs Independent Electoral and Boundaries Commission & 7 others (2014) eKLR.
5. In the premises, Kapsabet ELCLA No. E004 of 2026 duly instituted assumes carriage of the matter.
6. Accordingly, the application is determined as leave to appeal out of time duly granted and the instant file is hereby closed to save judicial time.
7. It is so ordered.
DATED and delivered at KAPSABET this 3rd day of JUNE 2026
G M A ONGONDO
JUDGE
PRESENT
Mr Emmanuel Eredi learned counsel for the applicants
Walter, court assistant
6. Accordingly, the application is determined as leave to appeal out of time duly granted and the instant file is hereby closed to save judicial time.
7. It is so ordered.
DATED and delivered at KAPSABET this 3rd day of JUNE 2026
G M A ONGONDO
JUDGE
PRESENT
Mr Emmanuel Eredi learned counsel for the applicants
Walter, court assistant