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Civil procedure [2026] KECA 1630 (KLR)

Wilson (Suing on behalf of the Residents of Chepchoina Phase III Settlement Scheme in Trans Nzoia County) v Attorney General & 158 others

Wilson (Suing on behalf of the Residents of Chepchoina Phase III Settlement Scheme in Trans Nzoia County) v Attorney General & 158 others (Civil Application E059 of 2026) [2026] KECA 1630 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E059 of 2026
Judge
["L Ndolo"]

The applicant demonstrated a short delay of four days and gave a satisfactory explanation based on late availability of proceedings and the steps taken to obtain a certificate of delay. That made out a proper case for the exercise of discretion under rule 4, and the respondents’ technical objections did not displace that finding in this single-judge application.

Source excerpt

  • Extension of time
  • Notice of appeal
  • Delay in filing appeal
  • Service of notice of appeal
  • Certificate of delay
  • Rule 4 court of appeal rules
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Civil procedure [2026] KECA 1590 (KLR)

Jimma v Kenya School of Law & another

Jimma v Kenya School of Law & another (Civil Application E724 of 2025) [2026] KECA 1590 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E724 of 2025
Judge
["W Karanja", "LM Njuguna", "S Radido"]

The respondents failed to institute an appeal for over five years after filing notices of appeal, and they could not justify that default through a certificate of delay because they conceded that the request for proceedings was never served on the applicant. The explanations advanced were irrelevant because the motion was not for extension of time. The Court therefore applied Rule 85 and treated the notices of appeal as withdrawn/struck out, awarding costs to the applicant.

Source excerpt

  • Deemed withdrawal of notice of appeal
  • Institution of appeal timelines
  • Certificate of delay
  • Service of request for proceedings
  • Admission to advocates training programme
  • Judicial review orders
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Civil procedure [2026] KECA 1585 (KLR)

Wamugi Stationers & Booksellers Ltd v Wachira

Wamugi Stationers & Booksellers Ltd v Wachira (Civil Application E045 of 2026) [2026] KECA 1585 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E045 of 2026
Judge
["K M'Inoti"]

The applicant failed to satisfy the threshold for extension of time because the delay from the 16 May 2024 judgment to the February 2026 applications was utterly inordinate and was not satisfactorily explained. The late notice of appeal, the out-of-time and unserved request for proceedings, and the absence of a proper explanation meant the applicant did not lay a basis for the court to exercise discretion in its favour; the supplementary prayer to deem the notice timely automatically failed with the main application.

Source excerpt

  • Extension of time
  • Notice of appeal filed out of time
  • Certificate of delay
  • Inordinate delay
  • Mistake of counsel
  • Costs
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Civil procedure [2026] KECA 1586 (KLR)

In re Estate of Nguitui (Deceased)

In re Estate of Nguitui (Deceased) (Civil Application E050 of 2026) [2026] KECA 1586 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E050 of 2026
Judge
["LA Achode"]

The applicants failed to provide valid, sufficient, and satisfactory reasons for the delay of about three and a half years from judgment to the application for leave, including the unexplained late notice of appeal and the further unexplained delay after proceedings were certified ready. Because sufficient reason for extension was not established, the Court declined to exercise discretion under rule 4.

Source excerpt

  • Extension of time
  • Delay in filing appeal
  • Rule 4 discretion
  • Certificate of delay
  • Notice of appeal timelines
  • Stay of execution
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Civil procedure [2026] KECA 1652 (KLR)

Kihu v Housing Finance Company (K) Ltd & another

Kihu v Housing Finance Company (K) Ltd & another (Civil Appeal (Application) E311 of 2025) [2026] KECA 1652 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Appeal (Application) E311 of 2025
Judge
["SG Kairu", "GV Odunga", "BM Kairaria"]

The appeal was filed out of time, the appellant had no application for extension of time under Rule 4, and the court had no discretion to validate the incompetent appeal. Since an essential step had not been taken within the prescribed time, the appeal was struck out and the stay application necessarily failed with it.

Source excerpt

  • Striking out appeal
  • Extension of time
  • Computation of time for filing appeal
  • Certificate of delay
  • Service of record of appeal
  • Certified decree requirement
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Civil procedure [2026] KECA 1555 (KLR)

Cheruiyot (Suing in his own Capacity as an Administrator of the Estate of Esther Cheruiyot) & another v AIC Ainabkoi Church & 7 others

Cheruiyot (Suing in his own Capacity as an Administrator of the Estate of Esther Cheruiyot) & another v AIC Ainabkoi Church & 7 others (Civil Application E074 of 2026) [2026] KECA 1555 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E074 of 2026
Judge
["MN Nduma"]

The applicants demonstrated a timely intention to appeal, gave a plausible explanation for the delay in obtaining proceedings, faced no opposition, and showed an arguable draft appeal with no demonstrated prejudice to the respondents; therefore, the Court exercised discretion to extend time. The stay prayers were not determined by the single judge because they fall outside single-judge jurisdiction.

Source excerpt

  • Extension of time to appeal
  • Stay of execution pending appeal
  • Delay in filing appeal
  • Single judge jurisdiction
  • Certificate of delay
  • Prejudice in appellate applications
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Civil procedure [2026] KEHC 11813 (KLR)

Mukuhi v Njoroge

Mukuhi v Njoroge (Civil Miscellaneous Application E1054 of 2024) [2026] KEHC 11813 (KLR) (Civ) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Miscellaneous Application E1054 of 2024
Judge
["LP Kassan"]

The Applicant failed to demonstrate good and sufficient cause for extending time because the alleged administrative delay was unsupported by any documentary evidence, no certificate of delay was produced, counsel was present when the ruling was delivered, and the draft memorandum of appeal did not challenge the ruling of 22nd March 2024 but instead targeted an earlier judgment of 17th November 2023; accordingly, discretion under section 79G could not be exercised in the Applicant's favor.

Source excerpt

  • Extension of time to appeal
  • Good and sufficient cause
  • Delay in filing appeal
  • Appeals from small claims court
  • Draft memorandum of appeal
  • Certificate of delay
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Civil procedure [2026] KEHC 11488 (KLR)

Adan v Kenya Commercial Bank Ltd

Adan v Kenya Commercial Bank Ltd (Civil Appeal E1235 of 2025) [2026] KEHC 11488 (KLR) (23 July 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E1235 of 2025
Judge
["EKO Ogola"]

The memorandum of appeal was filed outside the statutory period, and the appellant failed to obtain a certificate of delay or apply for extension of time. Because no good and sufficient cause was shown, the court refused to excuse non-compliance and struck out the appeal as incompetent.

Source excerpt

  • Time for filing appeal
  • Section 79g civil procedure act
  • Certificate of delay
  • Extension of time
  • Striking out appeal for want of leave
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Civil procedure [2026] KEHC 10714 (KLR)

Rapid Kate Services Ltd v Ouma

Rapid Kate Services Ltd v Ouma (Civil Appeal 87 of 2018) [2026] KEHC 10714 (KLR) (17 July 2026) (Judgment)

Court
High Court
Case number
Civil Appeal 87 of 2018
Judge
["J Ngaah"]

The appeal was incompetent because the appellant never applied for, obtained, or filed the decree of the trial court, which is the foundational document and subject matter of an appeal from a subordinate court. The omission was jurisdictional, could not be cured by Article 159(2)(d), and required the appeal to be struck out.

Source excerpt

  • Competence of appeal
  • Mandatory record of appeal documents
  • Decree versus judgment
  • Certificate of delay
  • Striking out appeal
  • Negligence claim arising from casual labour
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Civil procedure [2026] KEHC 10780 (KLR)

Rasanga & another v Okello & 2 others

Rasanga & another v Okello & 2 others (Civil Appeal E443 of 2024) [2026] KEHC 10780 (KLR) (Civ) (16 July 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E443 of 2024
Judge
["D Mburu"]

The court held that although the appeal had been filed outside the statutory time, the delay was excusable because the judgment had been uploaded late on CTS and the respondents would suffer no irreparable prejudice, especially since the decretal sum had already been deposited in court; discretion was therefore exercised to extend time and allow the appellants to regularize the appeal, subject to strict timelines.

Source excerpt

  • Extension of time
  • Appeal from small claims court
  • Late filing of appeal
  • Certificate of delay
  • Agency/authority to contract
  • Vitiating factors
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.