https://new.kenyalaw.org/akn/ke/judgment/keca/2026/878
The application sought leave to appeal and stay of execution, both of which are expressly excluded from single-judge determination under Rule 55(2) of the Court of Appeal Rules; the court therefore lacked jurisdiction to determine it at that level and had to refer it for hearing by a full bench.
Source-derived case information.
- Citation
- [2026] KECA 878 (KLR)
- Parties
- Applicant: Jane Chepkoech Tare; 1st Respondent: Grace Rono; 2nd Respondent: Mary Rono; 3rd Respondent: Zeddy Langat
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Civil Application E035 of 2026
- Procedural Posture
- Civil Application for Extension of Time and Stay of Execution in a Succession Related Appeal / Single Judge Ruling on Jurisdiction
- Outcome
- Application referred to a full bench for hearing and determination on a priority basis.
- Judges
- ["MB Kairaria"]
- Legal Topics
- Leave to Appeal, Stay of Execution, Single Judge Jurisdiction, Rule 55 of the Court of Appeal Rules, Extension of Time
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Chepkoech Tare
Applicant
Grace Rono
1st Respondent
Mary Rono
2nd Respondent
Zeddy Langat
3rd Respondent
Procedural Posture
Civil Application for Extension of Time and Stay of Execution in a Succession Related Appeal / Single Judge Ruling on Jurisdiction
Legal Issues
- 1 Whether a single judge of the Court of Appeal has jurisdiction to hear an application for leave to appeal.
- 2 Whether a single judge has jurisdiction to hear an application for stay of execution.
- 3 What orders should issue where the application falls outside single-judge jurisdiction.
Ratio Decidendi
The application sought leave to appeal and stay of execution, both of which are expressly excluded from single-judge determination under Rule 55(2) of the Court of Appeal Rules; the court therefore lacked jurisdiction to determine it at that level and had to refer it for hearing by a full bench.
Court Disposition
Application referred to a full bench for hearing and determination on a priority basis.
Orders
- The application is referred back to the registry for listing before a full bench of the Court of Appeal.
- The matter is to be heard and determined on a priority basis.
Full Case Text
Judgment text and source record
1 paragraphs
Tare v Rono & 2 others (Civil Application E035 of 2026) [2026] KECA 878 (KLR) (8 May 2026) (Ruling) Neutral citation: [2026] KECA 878 (KLR) Republic of Kenya In the Court of Appeal at Nakuru Civil Application E035 of 2026 MB Kiararia, JA May 8, 2026 Between Jane Chepkoech Tare Applicant and Grace Rono 1st Respondent Mary Rono 2nd Respondent Zeddy Langat 3rd Respondent (An application for extension of time from the judgement of the High Court of Kenya at Kericho (J. K. Sergon J.) delivered on 17th July 2025 in Succession Cause No. E014 of 2023) Ruling 1.By the Notice of Motion application dated 2nd March,2026 the applicant seeks two principal prayers; namely leave to appeal to the Court of Appeal against the decision of Sergon J dismissing the Applicant’s protest and ordering equal distribution of the estate of the deceased and secondly a stay of execution of the judgement and decree issued on 17th July,2025 in High Court Succession Cause No. E014 OF 2023 in the Estate of Esther Chelangat Kigen her mother in law. 2.I note that the consideration of both prayers fall outside my jurisdiction sitting as a single judge of this Court under rule 55[1] of the Court of Appeal Rules which expressly that a single judge shall hear each application other than an application specified in subrule 2. Sub rule 2 of Rule expressly provides that Rule 55[1] shall not apply to:a.an application for leave to appeal;b.an application for a stay of execution, injunction,or stay of further proceedings;c.an application to strike out a notice of appeal or appeal or;d.an application made ancillary to an application under pargraph a or b or made informally in court. 3.As the application under consideration seek leave to appeal and stay of execution which are two of the categories of applications expressly excluded from being heard by a single judge I cannot properly hear and render a ruling thereon. To so would be in violation of the Rules. 4.Accordingly, this application is referred back to the registry for listing before a full bench of this Court for hearing and determination on a priority basis. DATED AND DELIVERED AT NAKURU THIS 8TH DAY OF MAY, 2026.MURUNGI B. KAIRARIA...............................JUDGE OF APPEALI certify that this is a true copy of the original.Signed.DEPUTY REGISTRAR