[2021] KECA 466 (KLR)

Source-derived case information.

Citation: [2021] KECA 466 (KLR)
Parties: Applicant: Nubian Rights Forum; Respondent: Kenya Human Rights Commission; Respondent: Kenya National Human Rights Commission; Respondent: The Attorney General; Respondent: The Cabinet Secretary, Ministry of Interior and National Co-ordination of National Government; Respondent: The Principal Secretary, Ministry of Interior and National Co-ordination of National Government; Respondent: The Director of National Registration; Respondent: The Cabinet Secretary, Ministry of Information and Communication Technology; Respondent: Hon. Speaker, National Assembly; Respondent: Kenya Law Reform Commission; Respondent: Child Welfare Society; Respondent: Ajibika Welfare Society; Respondent: Muslims for Human Rights Initiative; Respondent: Haki Centre; Respondent: Law Society of Kenya; Respondent: Inform Action; Respondent: Bunge La Wananchi; Respondent: External Policy Group; Respondent: Terror Victims Support Initiative
Court: Court of Appeal
Court Station: Court of Appeal at Nairobi
Jurisdiction: Kenya
Case Number: Civil Application 185 of 2020
Procedural Posture: Civil Application / Reference Under Rule 55(1)(b) of the Court of Appeal Rules
Outcome: Reference dismissed; orders of the single judge affirmed.
Judges: A Mohammed, S ole Kantai
Legal Topics: Extension of Time, Appeals Process, Court of Appeal Rules, Reference Procedure
Source Language: en

Civil Procedure Constitutional Law Extension of Time Appeals Process Court of Appeal Rules Reference Procedure

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Nubian Rights Forum

Applicant

Kenya Human Rights Commission

Respondent

Kenya National Human Rights Commission

Respondent

The Attorney General

Respondent

The Cabinet Secretary, Ministry of Interior and National Co-ordination of National Government

Respondent

The Principal Secretary, Ministry of Interior and National Co-ordination of National Government

Respondent

The Director of National Registration

Respondent

The Cabinet Secretary, Ministry of Information and Communication Technology

Respondent

Hon. Speaker, National Assembly

Respondent

Kenya Law Reform Commission

Respondent

Child Welfare Society

Respondent

Ajibika Welfare Society

Respondent

Muslims for Human Rights Initiative

Respondent

Haki Centre

Respondent

Law Society of Kenya

Respondent

Inform Action

Respondent

Bunge La Wananchi

Respondent

External Policy Group

Respondent

Terror Victims Support Initiative

Respondent

Procedural Posture

Civil Application / Reference Under Rule 55(1)(b) of the Court of Appeal Rules

Legal Issues

1 Whether the applicant should be granted an extension of time to file an appeal out of time against the High Court judgment.
2 Whether the reference under Rule 55(1)(b) of the Court of Appeal Rules should be allowed.

Ratio Decidendi

The Court found that the facts and circumstances in this reference were identical to those in Civil Application No. 180 of 2020. Accordingly, the Court applied its ruling and orders in that application to the present reference, holding that the applicant's request for extension of time to file an appeal out of time was properly allowed by the single judge. The Court confirmed that the applicant had met the threshold for extension of time under Rule 4 of the Court of Appeal Rules, and there was no basis to interfere with the single judge's exercise of discretion.

Court Disposition

Reference dismissed; orders of the single judge affirmed.

Orders

The ruling and orders in Civil Application No. 180 of 2020 apply mutatis mutandis to this reference.
The application for reference is dismissed.

Full Case Text

Judgment text and source record

51 paragraphs

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: GATEMBU, J. MOHAMMED & KANTAI, JJ.A)

CIVIL APPLICATION NO. 185 OF 2020

BETWEEN

NUBIAN RIGHTS FORUM...........................................................................APPLICANT

AND

KENYA HUMAN RIGHTS COMMISSION........................................1STRESPONDENT

KENYA NATIONAL HUMAN

RIGHTS COMMISSION....................................................................2NDRESPONDENT

THE ATTORNEY GENERAL...............................................................3RDRESPONDENT

THE CABINET SECRETARY, MINISTRY OF INTERIOR AND

NATIONAL CO-ORDINATIONOF NATIONAL GOVERNMENT....4THRESPONDENT

THE PRINCIPAL SECRETARY, MINISTRY OF INTERIOR AND

NATIONAL CO-ORDINATIONOF NATIONAL GOVERNMENT. ..5THRESPONDENT

THE DIRECTOR OF NATIONAL REGISTRATION............................6THRESPONDENT

THE CABINET SECRETARY, MINISTRY OF INFORMATION AND

COMMUNICATIONTECHNOLOGY................................................7THRESPONDENT

HON. SPEAKER, NATIONAL ASSEMBLY........................................8THRESPONDENT

KENYA LAW REFORM COMMISSION............................................9THRESPONDENT

CHILD WELFARE SOCIETY............................................................10THRESPONDENT

AJIBIKA WELFARE SOCIETY..........................................................11THRESPONDENT

MUSLIMS FOR HUMAN RIGHTS INITIATIVE..............................12THRESPONDENT

HAKI CENTRE...................................................................................13THRESPONDENT

LAW SOCIETY OF KENYA..............................................................14THRESPONDENT

INFORM ACTION.............................................................................15THRESPONDENT

BUNGE LA WANANCHI...................................................................16THRESPONDENT

EXTERNAL POLICY GROUP...........................................................17THRESPONDENT

TERROR VICTIMS SUPPORT INITIATIVE.....................................18THRESPONDENT

(An application for extension of time to file an appeal out of time in an intended appeal from the Judgment and Decree of the High Court of Kenya at Nairobi (W. Korir, P. Nyamweya & M. Ngugi, JJ.) dated 30thJanuary 2020

Consolidated Constitutional Petitions

No. 56, 58 & 59 of 2019)

*****************

RULING OF THE COURT

This is a reference to the Court under Rule 55(1)(b) of the Court of Appeal Rules of the ruling delivered by the Hon. Lady Justice W. Karanja on 6th November 2020 allowing an application dated 30th June 2020 by the applicant, Nubian Rights Forum, under Rule 4 of the Court of Appeal Rules, for extension of time for the filing of the appeal against a judgment of the High Court given on 30th January 2020.

Given that the facts and circumstances in this reference are the same as those in Civil Application No. 180 of 2020, our ruling and orders in the said application of the same date applies mutatis mutandis to this reference.

Orders accordingly.

DATED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JULY, 2021.

S. GATEMBU KAIRU, (FCIArb)

...............................................................

JUDGE OF APPEAL

J. MOHAMMED

..............................................................

JUDGE OF APPEAL

S. ole KANTAI

.............................................................

JUDGE OF APPEAL

I certify that this isa true copy of the original.

Signed

Deputy Registrar

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the case law currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

Source-derived facts are shown separately from AI-generated material. If an AI summary is available, it is explicitly labelled and remains a non-authoritative research aid.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.