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Kenya decisions
Decisions matching the current search
The Court of Appeal dismissed an application for extension of time after finding a 4-year delay was not plausibly explained by a bare claim of lost contact with counsel.
The Court of Appeal allowed an application to extend time for filing an appeal, holding the brief delay was plausibly explained by counsel’s spouse’s illness.
The Court of Appeal granted extension of time after finding a 19-day filing delay was satisfactorily explained by e-filing technical failures.
The High Court dismissed an application to extend time to appeal from the Small Claims Court, finding the over-one-year delay was not satisfactorily explained.
The High Court dismissed an application to extend time for appeal, finding no satisfactory explanation for a two-month delay and prejudice after full settlement.
Structural Construction International Ltd v Muigai (Cause E033 of 2026) [2026] KEELRC 2396 (KLR) (12 August 2026) (Ruling)
The Court held that the Applicant sufficiently explained the delay because the judgment was delivered without notice and the record did not show service of judgment or decree on the Applicant. The draft memorandum raised appealable issues, prejudice to the Respondent could be managed by security, and therefore discretion should be exercised in favour of the Applicant. Leave to appeal out of time and stay of execution were granted on conditions.
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Guliyes Group Ltd v Commissioner Domestic Taxes (Tax Appeal E746 of 2026) [2026] KETAT 302 (KLR) (7 August 2026) (Ruling)
The Applicant failed to discharge the burden of proving reasonable cause for the five-year delay, failed to place admissible evidence before the Tribunal to support the alleged sickness and agent default, and therefore did not meet the threshold under section 13(4) of the Tax Appeals Tribunal Act for extension of time. The application was accordingly dismissed.
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Wekesa v Republic (Criminal Application E019 of 2026) [2026] KECA 1633 (KLR) (31 July 2026) (Ruling)
The Court found that although the delay of nearly seven years was very long, the applicant’s explanation and his limited resources as a prisoner justified the exercise of discretion in his favour and extension of time was granted subject to strict timelines.
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Chemben & 92 others v Kenya Revenue Authority (Civil Appeal E267 of 2020) [2026] KECA 1535 (KLR) (31 July 2026) (Judgment)
The appellants failed to give a plausible and satisfactory explanation for the delay. Their notice of appeal was itself out of time, the request for proceedings was not shown to have been served on the respondent, and the delay was therefore not reduced to the period they claimed. The ELRC exercised its discretion properly in refusing enlargement of time, so there was no basis to interfere on appeal.
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Kiplagat (Suing through nephew and next friend John Kibor Biwot) v Kogo & 2 others (Civil Application E085 of 2026) [2026] KECA 1637 (KLR) (31 July 2026) (Ruling)
The application for extension of time failed because the delay of about 13.5 months was inordinate and not satisfactorily explained; the asserted mediation and advocate inadvertence were unsupported, the applicant had shown no persuasive basis for exercise of discretion under Rule 4, and the respondents would be prejudiced. The stay request was not entertained because it fell outside the jurisdiction of a single Judge under Rule 55(2)(b).
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