https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1404

Nyaboke v Odero & others (Civil Application E020 of 2026) [2026] KECA 1404 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] KECA 1404 (KLR) Republic of Kenya In the Court of Appeal at Kisumu Civil Application E020 of 2026 EC Mwita, JA July 10, 2026 Between Naomi Gekondi Nyaboke Applicant and Prisca Awino Odero and Others Respondent (Being an application for extension of time to file an appeal out of time from the judgment and decree of the High Court of Kenya at Siaya (Kemei, J) dated 19th September 2025 in HCFA No. E015 of 2021) Ruling 1.Naomi Gekondi Nyaboke, the applicant, has filed this application dated 29th January 2026, invoking rule 4 of the Court of Appeal Rues (although the applicant has cited the Civil Procedure Rues), seeking extension of time to file an appeal against the judgment and decree of the High Court of Kenya, at Siaya, (Kemei, J) dated and delivered on 19th September 2025, in High Court Family Appeal No. E015 of 2021. 2.Samuel Ouma Owiso petitioned for a grant of letters of administration intestate for the estate of Consolata Bita Odera (the deceased) which were granted on 6th March 2023 and confirmed on 18th April 2023. The only property according to the certificate of confirmation, namely; Siaya /Karapul/441 went to Samuel Ouma Owiso. 3.An application for annulment of the grant of letters of administration was filed and in the judgment which the applicant wants to appeal against, the High Court allowed that application, annulled the grant, set aside the certificate of confirmation, cancelled the title to the property which had transmitted into the name of the administrator and ordered that the property do revert into the name of the deceased. The High Court appointed Samuel Ouma Owiso, Prisca Awino Odera and Moureen Achieng Ouma to be the administrators of the deceased’s estate. 4.In her application, the applicant who is self -represented states that the High Court did not consider her side of the story that she had purchased the property and was an innocent purchaser for value without notice; that she had emergencies and that she did not get a chance to check on the procedure one has to follow in filing an appeal before this Court. 5.The application was served on the respondents and there is on record an affidavit of service sworn by the applicant on 5th February 2026, stating that she caused the application to be served on the respondents on 5th February 2026 through the area Chief and the respondents’ advocates. However, there was no response to the application on record at the time of considering this application on 30th June 2026. 6.A hearing notice was served by the Court on the parties on 7th June 2026 for the hearing of this application on 30th June 2026, with specific directions that the parties file and serve their written submissions within 24 hours if they had not already done so. The applicant was also directed to serve the hearing notice for hearing of the application for 30th June 2026 on the respondents and file an affidavit of service. There is neither an affidavit of service on record showing that the applicant served the respondents with a hearing notice for 30th June 2026 as directed, nor written submissions by any party. 7.In the circumstances, the applicant having not complied with the directions issued by the Court to serve the application and having not filed written submissions in support of the application, the application dated 29th January 2026 is hereby dismissed with no orders on costs. DATED AND DELIVERED AT KISUMU THIS 10TH DAY OF JULY,2026.E. C. MWITA.....................JUDGE OF APPEALI certify that this is a true copy of original.SignedDEPUTY REGISTRAR.