By Andrew Kariuki

Stephen Kahurani Njuguna through his lawyer Samson Kinyanjui has moved to formally raise concerns over the alleged disappearance of a court file in a long-standing land dispute, warning that the situation has effectively undermined his right to appeal.

In a letter dated April 10, 2026 and addressed to the Chief Justice,Lady Justice Martha Koome and the Presiding Judge of the Milimani Environment and Land Court, Justice Christine Ochieng, Kahurani, describes the matter as a “last recourse” after exhausting all available avenues to resolve what he terms as an injustice.

The dispute arises from Milimani ELC Case No. 912 of 2015, in which Kahurani and a co-defendant were parties. According to the letter, the case was concluded on October 27, 2022 following a judgment delivered by the court. However, what followed, the advocates claim, was a series of unsuccessful attempts to obtain court records necessary to proceed with an appeal.

The letter details how multiple requests for the judgment and proceedings were made by different law firms representing the defendants shortly after the decision. Despite these efforts, the documents were not availed and no meaningful progress was made.

Kahurani’s legal team states that they personally followed up at the court registry on several occasions in August 2025, only to later be advised to formally write requesting the proceedings. Even after submitting the request, they indicate that the situation remained unresolved.

Of particular concern, the advocates allege that the court file itself could not be traced, leaving only the judgment document on record. They argue that this has had the effect of enabling execution proceedings while simultaneously denying the defendants the ability to pursue an appeal.

“What was left in the Court file was the judgment of the Court,” the letter states, adding that the absence of the full record has “constructively and actually amputated the Defendants’ pursuit of their right of appeal.”

The advocates further warn that the inability of the judiciary to produce its own records risks eroding public confidence, noting that when “the custodian of records , the Judiciary itself, cannot produce the very documents it generated,” it raises serious concerns about the integrity of the system.

They have now appealed to the Chief Justice, the Chief Registrar, and the Presiding Judge to intervene and facilitate the reconstruction or retrieval of the missing file, expressing confidence that a coordinated effort could recover the documents.

The letter also highlights the broader implications of the case, particularly for litigants seeking justice, stating that the situation reflects a “sad state of affairs” where access to justice is hindered by administrative failures.

The matter now places the spotlight on court record management and the safeguards in place to protect litigants’ rights, especially in cases where appeals depend on the availability of complete and accurate judicial records.