[2024] KECA 380 (KLR)
The court found that the applicants acted promptly in filing the notice of appeal and applying for proceedings. The delay was occasioned by the lack of notification regarding the readiness of proceedings, which the applicants only discovered upon perusal of the court file. The explanation for the delay was deemed...
Source-derived case information.
- Citation
- [2024] KECA 380 (KLR)
- Parties
- Applicant: EN; Applicant: SN; Applicant: SKM; Applicant: MA; Applicant: MR; Applicant: JW; Applicant: Kenya Legal and Ethical Issues Network On Hiv & Aids (Kelin); Respondent: Attorney General; Respondent: Director Of Public Prosecutions
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E277 of 2023
- Procedural Posture
- Civil Application / Application for Extension of Time to File and Serve Record of Appeal
- Outcome
- Application allowed. Extension of time granted.
- Judges
- PO Kiage
- Legal Topics
- Extension of Time, Appeals Process, Record of Appeal, Certificate of Delay
- 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
EN
Applicant
SN
Applicant
SKM
Applicant
MA
Applicant
MR
Applicant
JW
Applicant
Kenya Legal and Ethical Issues Network On Hiv & Aids (Kelin)
Applicant
Attorney General
Respondent
Director Of Public Prosecutions
Respondent
Procedural Posture
Civil Application / Application for Extension of Time to File and Serve Record of Appeal
Legal Issues
- 1 Whether the applicants have provided sufficient explanation for the delay in filing and serving the record of appeal.
- 2 Whether the court should exercise its discretion to extend time for filing and serving the record of appeal.
Ratio Decidendi
The court found that the applicants acted promptly in filing the notice of appeal and applying for proceedings. The delay was occasioned by the lack of notification regarding the readiness of proceedings, which the applicants only discovered upon perusal of the court file. The explanation for the delay was deemed plausible and not indicative of indolence. In the absence of opposition and given the circumstances, the court exercised its discretion in favour of the applicants and granted the extension of time as prayed.
Court Disposition
Application allowed. Extension of time granted.
Orders
- The applicants shall file and serve the record of appeal within ten (10) days of this Ruling.
- Costs shall be in the intended appeal.
Full Case Text
Judgment text and source record
35 paragraphs
EN & 6 others v Attorney General & another (Civil Application E277 of 2023) [2024] KECA 380 (KLR) (28 March 2024) (Ruling)
Neutral citation: [2024] KECA 380 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E277 of 2023
PO Kiage, JA
March 28, 2024
Between
EN
1st Applicant
SN
2nd Applicant
SKM
3rd Applicant
MA
4th Applicant
MR
5th Applicant
JW
6th Applicant
Kenya Legal and Ethical Issues Network On Hiv & Aids (Kelin)
7th Applicant
and
The Attorney General
1st Respondent
Director Of Public Prosecutions
2nd Respondent
(An application for extension/enlargement of time within which to file and serve the record of appeal against the judgment and/or orders of the High Court Constitutional & Human Rights Division at Nairobi (Ong’udi, J.) dated 20th December, 2022 in Petition No. 447 of 2018 Petition 447 of 2018 )
Ruling
1. The motion dated 5th June 2023 by the applicants herein prays that time be enlarged or extended for them to file and serve the record of appeal against the judgment of the High Court (Ong’udi, J.) delivered on 22nd December 2022.
2. In the grounds on its face and in the supporting affidavit sworn on 5th June 2023 Nyokabi Njogu, the Legal Counsel and Head of Strategic Litigation of the 7th applicant on behalf of all the applicants, it is explained that shortly after judgment was delivered on 20th December 2022, the applicants on 23rd December 2022 filed a notice of appeal and also applied for typed copies of proceedings. The same were prepared and ready on 28th February 2023 but the applicants were never notified. They only became aware of their readiness for collection on 19th May 2023 upon perusing the court file. Even though they immediately applied for and collected the proceedings and received certificate of delay on 30th May 2023, they were time-barred, hence this application.
3. Having perused this matter and considered the explanation given, I am inclined to exercise my discretion in their favour especially as I have not seen any opposition to the application. They filed their notice of appeal timeously and applied for proceedings with alacrity. I have no reason to doubt their assertion that they were not notified when the proceedings were ready on 28th February 2023 and only became aware of such readiness when they perused the file on 19th May 2023 and immediately collected them. I do not see their conduct as that on an indolent party and, their explanation for the delay being plausible, I allow myself to be persuaded thereby, and therefore allow the application as prayed.
4. The applicants shall file and serve the record of appeal within ten (10) days of this Ruling.
5. The costs shall be in the intended appeal. Order accordingly.
DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF MARCH, 2024. P. O. KIAGE.....................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR