[2021] KEHC 4694 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in filing the Notice of Appeal, citing the impact of Covid-19 restrictions on court operations and the applicant's blindness as sufficient cause. Although the respondent challenged these reasons, the court exercised its discretion...
Source-derived case information.
- Citation
- [2021] KEHC 4694 (KLR)
- Parties
- Applicant: Raymond Okoth; Respondent: Principal Secretary Ministry of Education & 4 Others
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 7 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
- Outcome
- Application for extension of time and stay of execution partially allowed.
- Judges
- REA Ougo
- Legal Topics
- Extension of Time, Stay of Execution, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Okoth
Applicant
Principal Secretary Ministry of Education & 4 Others
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time and Stay of Execution
Legal Issues
- 1 Whether the applicant has provided sufficient reason for extension of time to file a notice of appeal and related documents.
- 2 Whether a stay of execution of the judgment and decree should be granted pending the intended appeal.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in filing the Notice of Appeal, citing the impact of Covid-19 restrictions on court operations and the applicant's blindness as sufficient cause. Although the respondent challenged these reasons, the court exercised its discretion to extend the time for filing the Notice of Appeal, memorandum of appeal, and record of appeal. Regarding the stay of execution, the court noted the absence of a draft memorandum of appeal and was unable to determine the arguability of the intended appeal. However, since the judgment dismissed the plaintiff's suit with costs, the only execution pending was for costs. The court...
Court Disposition
Application for extension of time and stay of execution partially allowed.
Orders
- Time is extended for the applicant to file the Notice of Appeal, memorandum of appeal, and record of appeal within 30 days from the date of the ruling.
- Stay of execution of the decree of costs is granted pending the hearing and determination of the intended appeal.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KISII
MISC. CIVIL CASE NO.7 OF 2021
RAYMOND OKOTH...................................................................................................APPLICANT
VERSUS
PRINCIPAL SECRETARY MINISTRY OF EDUCATION &4 OTHERS.....RESPONDENTS
RULING
1. Counsel submitted orally on the application dated the 22/2/2021. I have considered the affidavits filed, the oral submissions and the law.
2. There is no dispute that judgment was delivered on the 23/10/2020 against the applicant. The applicant has explained that they could not file their Notice of appeal within the requisite 30 days from the date of judgment because of the restrictions of court operations as a result of the Covid-19 pandemic and also because he could not move as his is blind. He has explained that once he obtained the judgment he advised his counsel to lodge an appeal. Though the said reasons are challenged by the Respondent, in my view the applicant has offered a reasonable explanation why he could not lodge his Notice of appeal within the requisite period stated in law. I therefore extend time to file the Notice of appeal the memorandum of appeal and Record of Appeal. The Notice of appeal and memorandum of appeal shall be filed within 30 days from the date of this Ruling.
3. On the stay of execution, the applicant seeks a stay of execution of the judgment and decree of the court delivered on the 23/10/2020 pending the hearing and determination of the intended appeal in the Court of Appeal. The judgment the applicant seeks to stay was delivered by then Hon. Onjoro who is a Senior Resident Magistrate (S.R.M) in the Chief Magistrate’s Court in Kisii. I take it that it could be an error that the applicant seeks to have the appeal filed in the Court of Appeal and not the High Court.
4. There is no draft of the memorandum of appeal. I am unable to determine if the applicant has an arguable appeal or not. The copy of judgment attached indicates that the plaintiff’s suit was dismissed with costs. What it is due is execution for the costs awarded.
5. I therefore stay execution of the decree of costs pending the hearing and determination of the intended appeal. Costs be in the cause.
6. This matter will be mentioned after 30 days to confirm compliance.
DATED, SIGNED AND DELIVERED AT KISII THIS 27TH DAY OF JULY 2021.
R.E. OUGO
JUDGE
In the presence of:
Mr. Orondo for the Applicant
Respondent Absent
Mr. Orwasa Court Assistant