Kenya Case Law

Njoroge – Dcd (Filing Through Her Intended Substitute Njoroge Obadiah Kimani) v Kahara

Court

High Court

Case number

Miscellaneous Civil Application E312 of 2025

Judge

["LP Kassan"]

The High Court dismissed an application to appeal out of time, holding the applicant’s advocates were not properly on record, the amended motion misnamed the respondent, and the merits were weak.

• Change of advocates after judgment under order 9 rule 9
• Misdescription of a respondent in an amended motion
• Leave to appeal out of time
• Functus officio and post-judgment execution
• Time-bar for execution under section 4(4) of the limitation of actions act
• Substitution of a deceased plaintiff's estate representative

Karuguri v Mwangi

Karuguri v Mwangi (Environment and Land Appeal E034 of 2024) [2026] KEELC 5325 (KLR) (5 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E034 of 2024

Judge

["EK Makori"]

The objection failed because determining whether the appeal was out of time, whether it was filed in the proper file, and whether its subject matter had changed required examination of contested facts. Those matters were not pure points of law, so the objection did not satisfy the Mukisa Biscuit threshold. The court also treated the wrong-file filing as a curable procedural technicality under Article 159.

Source excerpt

• Preliminary objection
• Leave to appeal out of time
• Out of time filing
• Pure point of law
• Article 159 procedural technicalities
• Jurisdiction over appeal filing

Wekesa v Republic

Wekesa v Republic (Criminal Application E019 of 2026) [2026] KECA 1633 (KLR) (31 July 2026) (Ruling)

Court

Court of Appeal

Case number

Criminal Application E019 of 2026

Judge

["L Ndolo"]

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.

Source excerpt

• Extension of time
• Leave to appeal out of time
• Delay in filing appeal
• Exercise of judicial discretion
• Murder conviction

Chemben & 92 others v Kenya Revenue Authority

Chemben & 92 others v Kenya Revenue Authority (Civil Appeal E267 of 2020) [2026] KECA 1535 (KLR) (31 July 2026) (Judgment)

Court

Court of Appeal

Case number

Civil Appeal E267 of 2020

Judge

["JM Mativo", "P Lilan", "JO Okello"]

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.

Source excerpt

• Extension of time
• Leave to appeal out of time
• Delay in filing appeal
• Service of request for proceedings
• Discretion of court
• Costs in labour disputes

Peter v Republic

Peter v Republic (Criminal Application E018 of 2026) [2026] KECA 1559 (KLR) (31 July 2026) (Ruling)

Court

Court of Appeal

Case number

Criminal Application E018 of 2026

Judge

["L Ndolo"]

The application was filed about seven years and six months late, and the applicant failed to satisfactorily explain the delay because the alleged notice of appeal was not annexed or otherwise proved. The delay was therefore inordinate and unexplained, so the Court declined to exercise its discretion under rule 4 to extend time.

Source excerpt

• Defilement
• Extension of time
• Leave to appeal out of time
• Inordinate delay
• Rule 4 discretion

Awiti t/a Skigate Auctioneers v Tukai & 2 others

Awiti t/a Skigate Auctioneers v Tukai & 2 others (Civil Miscellaneous Application E555 of 2024) [2026] KEHC 12447 (KLR) (31 July 2026) (Ruling)

Court

High Court

Case number

Civil Miscellaneous Application E555 of 2024

Judge

["KL Kandet"]

The material before court on 12 February 2025 was the Notice of Motion dated 4 June 2024 seeking leave to file an appeal out of time, stay pending appeal, and deeming the draft memorandum of appeal as duly filed. That application was withdrawn before any appeal was allowed into existence. Accordingly, the record stating that an appeal was withdrawn was erroneous and had to be corrected to reflect that the application was withdrawn with costs.

Source excerpt

• Withdrawal of application
• Correction of error on the face of the record
• Leave to appeal out of time
• Costs
• Stay pending appeal

Korir v Republic

Korir v Republic (Criminal Application E021 of 2026) [2026] KECA 1560 (KLR) (31 July 2026) (Ruling)

Court

Court of Appeal

Case number

Criminal Application E021 of 2026

Judge

["L Ndolo"]

The applicant gave a plausible explanation for the delay, including difficulty in accessing the record and incarceration-related constraints, and the respondent did not oppose the request. The court therefore found the 2 years and 6 months delay neither inordinate nor unreasonable and exercised discretion to extend time.

Source excerpt

• Extension of time
• Leave to appeal out of time
• Delay in filing appeal
• Rule 4 discretion
• Conviction for murder
• Sentence

Mwiti v Republic

Mwiti v Republic (Criminal Application E058 of 2024) [2026] KECA 1639 (KLR) (31 July 2026) (Ruling)

Court

Court of Appeal

Case number

Criminal Application E058 of 2024

Judge

["MN Nduma"]

The applicant failed to prove the period of delay and gave an unsatisfactory explanation for inaction, especially because the issue of leave to appeal out of time had already been conclusively determined in a prior ruling that remained undisturbed; the application therefore lacked merit.

Source excerpt

• Robbery with violence
• Extension of time
• Leave to appeal out of time
• Discretionary judicial power
• Delay in filing appeal

Opiyo v Deya & 3 others

Opiyo v Deya & 3 others (Environment and Land Appeal E023 of 2026) [2026] KEELC 4983 (KLR) (30 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E023 of 2026

Judge

["CC Oluoch"]

The Notice of Motion failed because the leave to appeal out of time granted in the separate miscellaneous file was conditional and self-executing; the Applicant did not comply with the condition within time, so the leave never crystallised and the appeal was incompetent. The court in the present appeal file lacked jurisdiction to extend, vary, or revive the consent order made in the separate miscellaneous application, and financial hardship after consent was not a valid ground to undo it.

Source excerpt

• Extension of time
• Consent orders
• Security for costs
• Leave to appeal out of time
• Dismissal for non-compliance
• Jurisdiction

Makallah & another v Otieno (Small Claims Appeal E075 of 2025)

Makallah & another v Otieno (Small Claims Appeal E075 of 2025) [2026] KEHC 12097 (KLR) (Civ) (30 July 2026) (Ruling)

Court

High Court

Case number

Small Claims Appeal E075 of 2025

Judge

["LP Kassan"]

The memorandum of appeal attacked the ruling of 11 June 2025, not the original default judgment of 18 October 2023, so it was filed within time and no leave was required. The respondent's attack on the stay motion depended on examining the appeal, ruling, judgment and prayers sought, which goes beyond a pure point of law and therefore could not be determined by preliminary objection.

Source excerpt

• Preliminary objection
• Time for filing appeal
• Leave to appeal out of time
• Stay of execution pending appeal
• Appeals against refusal to set aside default judgment