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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.
Application for extension of time to file a notice and record of appeal dismissed for inordinate delay and insufficient explanation under Rule 4.
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.
Kiprono v Vision Fund Kenya (Civil Case E2041 of 2026) [2026] KEMC 818 (KLR) (27 August 2026) (Ruling)
The applicant gave a satisfactory explanation for not filing the documents earlier, namely late service of the respondent's response and subsequent acquisition of the documents after making inquiries. The proposed material was relevant to the contempt application, and any prejudice to the respondent could be cured by allowing it to address the material in submissions. The court therefore exercised discretion to permit the supplementary affidavit.
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M'Mbifwa v Imbwenya & 6 others (Civil Application E067 of 2026) [2026] KECA 1631 (KLR) (31 July 2026) (Ruling)
The applicant had promptly pursued an appeal process through a leave application in the High Court, the delay was less than one year and therefore not inordinate, and the respondents showed no prejudice; extension of time was therefore justified.
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Kide & another v Sawe & 3 others (Civil Application E033 of 2025) [2026] KECA 1634 (KLR) (31 July 2026) (Ruling)
The Court accepted counsel's explanation that the court email containing directions went to spam and was not promptly seen. The application was brought promptly after discovery and within a short time of the dismissal. The respondents would suffer no prejudice that could not be compensated by costs, so the dismissal was set aside and the application reinstated.
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University of Nairobi v Mayaka (Civil Application E678 of 2024) [2026] KECA 1592 (KLR) (31 July 2026) (Ruling)
The applicant explained a 17-day delay caused by the need to obtain and review the judgment before deciding to appeal; the delay was not inordinate, the intended appeal was prima facie arguable, and no prejudice to the unresponsive respondent was shown. The Court therefore exercised its discretion to extend time and deem the notice of appeal filed on 25 November 2024 as duly filed in time.
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M’Muraga & another v Nyonyai & another (Civil Appeal (Application) E044 of 2026) [2026] KECA 1584 (KLR) (31 July 2026) (Ruling)
The application failed because the applicants gave only bare assertions of extreme financial constraint and pooling resources, but provided no material evidence to substantiate the delay. Without any evidential basis, the court could not exercise discretion in their favour, so extension of time was refused.
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