[2020] KECA 219 (KLR)
The court found that, given the prolonged delay in hearing the application—partly attributable to the COVID-19 pandemic and the non-functionality of the Court of Appeal at Nyeri and other stations outside Nairobi—the application for extension of time to file an appeal should be certified as urgent. The judge...
Source-derived case information.
- Citation
- [2020] KECA 219 (KLR)
- Parties
- Applicant: Embu Gaturi Housing Co-op Society; Respondent: Wamae Njenga; Respondent: Simon Njogu Muturi; Respondent: The Attorney General
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 119 of 2018
- Procedural Posture
- Civil Application / Application for Certification of Urgency and Listing for Hearing
- Outcome
- Application certified as urgent and ordered to be listed for hearing.
- Judges
- S ole Kantai
- Legal Topics
- Extension of Time, Appeal Out of Time, Certification of Urgency
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Embu Gaturi Housing Co-op Society
Applicant
Wamae Njenga
Respondent
Simon Njogu Muturi
Respondent
The Attorney General
Respondent
Procedural Posture
Civil Application / Application for Certification of Urgency and Listing for Hearing
Legal Issues
- 1 Whether the application to file an appeal out of time should be certified as urgent.
- 2 Whether the motion should be listed for hearing despite previous delays.
Ratio Decidendi
The court found that, given the prolonged delay in hearing the application—partly attributable to the COVID-19 pandemic and the non-functionality of the Court of Appeal at Nyeri and other stations outside Nairobi—the application for extension of time to file an appeal should be certified as urgent. The judge emphasized the importance of compliance with court orders but recognized that the circumstances justified urgent listing of the motion for hearing.
Court Disposition
Application certified as urgent and ordered to be listed for hearing.
Orders
- The motion dated 18th September, 2018 is certified as urgent.
- The motion is to be listed for hearing accordingly.
Full Case Text
Judgment text and source record
29 paragraphs
IN THE COURT OF APPEAL
AT NYERI
(CORAM: KANTAI, J.A. (IN CHAMBERS))
CIVIL APPLICATION NO. 119 OF 2018
BETWEEN
EMBU GATURI HOUSING CO-OP SOCIETY...................................APPLICANT
AND
WAMAE NJENGA.............................................................................1STRESPONDENT
SIMON NJOGU MUTURI .............................................................2NDRESPONDENT
THE ATTORNEY GENERAL.........................................................3RDRESPONDENT
(Being an application to file an appeal out of time from the Judgment of the High Court of Kenya at Embu (F. Muchemi, J.) dated 22ndFebruary, 2017
in
HC. C.A. No. 22 of 2014)
*****************
RULING
I perused the Certificate of Urgency, Motion dated 18th September, 2018 and the accompanying affidavit of Sylvester N. Muruatetu and was not satisfied that the Motion was urgent. I declined to satisfy the Motion as urgent. That was on 24th September, 2018 when I served at the Court of Appeal in Nyeri.
By a letter dated 7th October, 2020 M/S Muma & Kanjama, Advocates, have rehashed the journey travelled by the applicant in the matter and pray that the President of the Court of Appeal be pleased to appoint a single Judge to hear the application.
My understanding of the contents and prayer in that letter is that I hear the parties inter partes as provided by rule 47(5) of the Rules of this Court.
On 19th October, 2020 I asked the Deputy Registrar of this Court in view of the prevailing COVID-19 pandemic to request the parties to file on-line 3 page submissions for my consideration. The applicant has filed submissions which run into 6 pages, despite the said requirement, and I am of the view that lawyers should comply with orders made for there is a reason why courts make orders.
I do not know why the application which was filed in September, 2018 (more than 2 years ago) has not been heard. I had on 24th September, 2018 ordered that the Motion be listed by the Court Registry in the usual way. I am aware that the Court of Appeal in Nyeri and other stations outside Nairobi stopped being functional early this year for various reasons. It is possible that this has contributed to applications like this one, and appeals, not being reached.
The Motion dated 18th September, 2018 asked that the appeal be deemed as duly filed. That application is not now before me and has to be listed for hearing.
Considering all the reasons given in the letter dated 7th October, 2020 I certify the Motion as urgent. Let it be listed for hearing accordingly.
Dated and dated at Nairobi this 6thday of November, 2020.
S. ole KANTAI
…………..………………
JUDGE OF APPEAL
I certify that this is a true copy of the original.
Signed
DEPUTY REGISTRAR