Kenya Railways Corporation (KRC) has lost bid to reclaim a piece of land in Kisumu that was allegedly grabbed by tycoon Harjot Singh Dhanjal.
On April 29, 2020, High Court Judge Anthony Ombwayo delivered a ruling that barred KRC from repossessing the land.
KRC had started to fence the land in 2019, prompting the court case filed by Mr Dhanjal.
Following the High Court ruling, KRC moved to the Court of Appeal on July 27, 2020 three months after the High Court judgment.
However, the state agency was unable to sufficiently explain the delay of filing the appeal, only blaming it to Covid-19.
In her ruling appellate judge Fatuma Sichale dismissed the appeal after KRC failed to explain the three-month delay.
The rules stipulate that the notice of appeal should be filed within 14 days from the delivery of the disputed decision.