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Kenya Case Law

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Civil procedure [2026] KECA 1684 (KLR)

Ntetia Ene Kortot & another v Williamson Onyancha Gisore

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.

  • Extension of time
  • Delay in filing appeal
  • Condonation
  • Diligence of litigant
  • Loss of contact with advocate
  • Prejudice
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Civil procedure [2026] KECA 1679 (KLR)

Kamunya v Kinyuru

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.

  • Extension of time
  • Leave to file appeal out of time
  • Rule 4 discretion
  • Arguable appeal
  • Delay in filing appeal
  • Prejudice
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Civil procedure [2026] KECA 1682 (KLR)

Olalui Group Ranch v Konchella & 11 others

The Court of Appeal extended time from six months to one year and two months to allow substitutions and amendment of pleadings after several respondents were said to be deceased.

  • Extension of time
  • Substitution of deceased parties
  • Remittal from appellate court to trial court
  • Prejudice in discretionary applications
  • Case management directions
  • Extension-of-time
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Civil procedure [2026] KECA 1683 (KLR)

Ngattah (Suing as the Legal Representative of the Estate of Leah Wangui Ngata (Deceased)) v Resma Commercial Agencies & 2 others

The Court of Appeal declined to extend time for certification and leave to appeal, holding the omnibus motion was procedurally defective and the delay inadequately explained.

  • Extension of time
  • Certification to appeal to the supreme court
  • Leave to appeal
  • Omnibus applications
  • Single judge versus full bench jurisdiction
  • Delay and sufficient cause
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Civil procedure [2026] KECA 1680 (KLR)

Leah Nyambura Kiarie v Karai Farmers’ Cooperative Society Limited & Peter Sankale Kitashori (Sued as the Legal Representative of the estate of Geoffrey Kahiu Karanja)

The Court of Appeal dismissed an application for extension of time to file a reference, finding a 200-day delay unexplained and counsel blame insufficient.

  • Extension of time
  • Reference from single judge decision
  • Omnibus applications
  • Jurisdiction of single judge versus full bench
  • Delay caused by advocate negligence
  • Extension-of-time
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Civil procedure [2026] KECA 1681 (KLR)

Itegi v Kabuchu

The Court of Appeal granted extension of time to file and serve a notice of appeal, finding the 16-day delay plausibly explained by pending proceedings and illness.

  • Extension of time
  • Notice of appeal out of time
  • Discretion under rule 4
  • Delay in lodging appeal
  • Ill-health as cause for delay
  • Arguable intended appeal
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Civil procedure [2026] KECA 1685 (KLR)

Abyssinia Iron and Steel Limited v Kenya Engineering Workers Union

The Court of Appeal extended time for Abyssinia Iron and Steel Limited to seek certification for a Supreme Court appeal, finding the delay explained and the proposed appeal arguable.

  • Extension of time
  • Certification of matter of general public importance
  • Leave to appeal to the supreme court
  • Delay in filing
  • Wage increment and ability to pay
  • Effect of expert reports and statutory reports
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Civil procedure [2026] KECA 1675 (KLR)

Harsha Atulkumar Maganlal Shah & another v Ankoor Shah & 2 others

The Court of Appeal granted extension of time after finding a 19-day filing delay was satisfactorily explained by e-filing technical failures.

  • Extension of time
  • E-filing technical failure
  • Res judicata
  • Delay in filing appeal
  • Discretion under rule 4
  • Deeming filing regularized
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Civil procedure [2026] KECA 1672 (KLR)

Maara v Housing Finance Company of Kenya Ltd & another

The Court of Appeal dismissed an application to extend time for appeal because the supporting affidavit annexures were not properly marked and sealed, leaving no usable evidence.

  • Extension of time
  • Late filing of notice of appeal
  • Affidavit evidence and annexures
  • Rule 9 oaths and statutory declarations rules
  • Leave to lodge compliant application
  • Extension-of-time
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Civil procedure [2026] KECA 1674 (KLR)

Thomas Kiplagat Bett v Hasham Lalji Properties Limited & 3 others

Application for extension of time to file a notice and record of appeal dismissed for inordinate delay and insufficient explanation under Rule 4.

  • Extension of time
  • Late filing of notice of appeal
  • Late filing of record of appeal
  • Exercise of judicial discretion
  • Inordinate delay
  • Prejudice
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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.