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Civil procedure [2026] KEHC 12744 (KLR)

Nyali Latenight Chemist & Medical Services Company Limited v ABSA Bank Kenya Plc

Nyali Latenight Chemist & Medical Services Company Limited v ABSA Bank Kenya Plc (Commercial Appeal E005 of 1000) [2026] KEHC 12744 (KLR) (7 August 2026) (Judgment)

Court
High Court
Case number
Commercial Appeal E005 of 1000
Judge
["J Ngaah"]

The appeal was incompetent because the appellant failed to extract and include the order appealed from in the record. That omission was a substantive defect going to the root of the appeal, so the court lacked jurisdiction to entertain the merits and had to strike out the appeal.

Source excerpt

  • Competence of appeal
  • Extraction of decree/order
  • Record of appeal
  • Jurisdiction
  • Temporary injunction
  • Set-off and consolidation of accounts
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Civil procedure [2026] KECA 1523 (KLR)

Warui & another v HFC Limited & 2 others

Warui & another v HFC Limited & 2 others (Civil Application E239 of 2021) [2026] KECA 1523 (KLR) (31 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E239 of 2021
Judge
["K M'Inoti", "EC Mwita", "B Ongaya"]

The appellants acted with gross indolence by waiting nearly five years after filing the notice of appeal, making only one belated reminder and taking no serious steps to file the record of appeal. The request for proceedings did not excuse an indefinite delay. The notice of appeal was therefore properly deemed withdrawn, and the interim injunction had to be vacated.

Source excerpt

  • Notice of appeal
  • Record of appeal
  • Deemed withdrawal
  • Delay in filing appeal
  • Proceedings and certificate of delay
  • Injunction pending appeal
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Employment law [2026] KEELRC 2212 (KLR)

Sana Industries Company Limited v Anyimu (Appeal E366 of 2025)

Sana Industries Company Limited v Anyimu (Appeal E366 of 2025) [2026] KEELRC 2212 (KLR) (30 July 2026) (Ruling)

Court
Employment and Labour Relations Court
Case number
Appeal E366 of 2025
Judge
["M Mbarũ"]

The appellant failed to file even the basic components of a Record of Appeal and therefore had not shown a sufficient foundation for the exercise of discretion to set aside the dismissal, extend time, or reinstate the appeal. The court held that invoking Article 50 and Article 159 could not override non-compliance with the Court Rules, and that calling for the lower court file would improperly shift the appellant’s burden to the court. The application was therefore without merit.

Source excerpt

  • Record of appeal
  • Extension of time
  • Setting aside dismissal orders
  • Notice to show cause
  • Access to justice
  • Article 159 of the constitution
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Criminal law [2026] KECA 1454 (KLR)

Koech v Republic

Koech v Republic (Criminal Application E015 of 2026) [2026] KECA 1454 (KLR) (17 July 2026) (Ruling)

Court
Court of Appeal
Case number
Criminal Application E015 of 2026
Judge
["MN Nduma"]

The application was allowed because it was brought without inordinate delay and the applicant, who was in custody, provided a reasonable explanation for not filing the appeal within time; the respondent did not oppose the request.

Source excerpt

  • Extension of time
  • Leave to appeal out of time
  • Defilement
  • Sentencing
  • Notice of appeal
  • Record of appeal
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Criminal law [2026] KECA 1463 (KLR)

Wekesa v Republic

Wekesa v Republic (Criminal Application E016 of 2026) [2026] KECA 1463 (KLR) (17 July 2026) (Ruling)

Court
Court of Appeal
Case number
Criminal Application E016 of 2026
Judge
["MN Nduma"]

The application succeeded because it was not brought after inordinate delay and the applicant, who was in custody, gave a reasonable explanation for the failure to file the appeal within the prescribed period; the respondent also did not oppose the request.

Source excerpt

  • Extension of time
  • Notice of appeal
  • Record of appeal
  • Defilement
  • Sexual offences act
  • Sentence appeal
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Civil procedure [2026] KECA 1439 (KLR)

Akumu v Odhiambo

Akumu v Odhiambo (Civil Application E045 of 2026) [2026] KECA 1439 (KLR) (10 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E045 of 2026
Judge
["EC Mwita"]

The applicant failed to explain the delay in lodging the record of appeal within the sixty days available after exclusion of the certified period of delay, and the unexplained lapse was sufficient to defeat the application for enlargement of time under rule 4. Because the delay was not justified, the court found prejudice to the respondent and declined to assess arguability as a single judge.

Source excerpt

  • Extension of time
  • Notice of appeal
  • Record of appeal
  • Delay in filing appeal
  • Rule 4 discretion
  • Certificate of delay
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Civil procedure [2026] KECA 1356 (KLR)

Mathenge v Mwema

Mathenge v Mwema (Civil Application E035 of 2026) [2026] KECA 1356 (KLR) (10 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E035 of 2026
Judge
["M Ngugi"]

The court found the delay of about three weeks in lodging the notice of appeal to be not inordinately long, accepted the applicant’s explanation notwithstanding the respondent’s objection on the mode of communication, declined to speculate on arguability, and held that in a succession dispute the interests of the parties were best served by allowing the applicant to appeal, with any prejudice compensable in damages.

Source excerpt

  • Extension of time
  • Notice of appeal
  • Record of appeal
  • Delay in filing appeal
  • Res judicata
  • Succession cause
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Civil procedure [2026] KEELC 4240 (KLR)

Koter v Abdullahi (Sued as the legal administrator of the Estate of Bulle Abdullahi Gedi - Deceased)

Koter v Abdullahi (Sued as the legal administrator of the Estate of Bulle Abdullahi Gedi - Deceased) (Environment and Land Appeal E007 of 2025) [2026] KEELC 4240 (KLR) (9 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E007 of 2025
Judge
["RO Omondi"]

The respondent’s objections were not competent preliminary objections because they either relied on incorrect legal premises or required the Court to ascertain contested facts, evaluate evidence, or exercise discretion. Matters touching delay, service, fraud, jurisdiction, abuse of process, and merits of the intended appeal must be determined on the motion itself, not in limine.

Source excerpt

  • Preliminary objection
  • Extension of time to appeal
  • Security for costs
  • Record of appeal
  • Section 79g civil procedure act
  • Mukisa biscuit test
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Civil procedure [2026] KECA 1295 (KLR)

Lewa Wildlife Conservancy Ltd v Kigomo

Lewa Wildlife Conservancy Ltd v Kigomo (Civil Application E690 of 2024) [2026] KECA 1295 (KLR) (6 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Application E690 of 2024
Judge
["A Ali-Aroni"]

The applicant failed to satisfactorily explain the delay in filing the record of appeal. The record showed that the first batch of proceedings was ready and notified within time, and the applicant offered no credible reason why the appeal was not filed within the statutory period or why any additional material could not be brought later by supplementary record. The delay was therefore inordinate and prejudicial, so discretion under rule 4 was not warranted.

Source excerpt

  • Extension of time
  • Record of appeal
  • Delay in filing appeal
  • Certificate of delay
  • Supplementary record of appeal
  • Discretion of the court of appeal
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Civil procedure [2026] KECA 1246 (KLR)

Mangira & another (Suing as personal representatives of the Estate of the late Christina Sae Alila) v Teachers Service Commission

Mangira & another (Suing as personal representatives of the Estate of the late Christina Sae Alila) v Teachers Service Commission (Civil Appeal (Application) E577 of 2025) [2026] KECA 1246 (KLR) (3 July 2026) (Ruling)

Court
Court of Appeal
Case number
Civil Appeal (Application) E577 of 2025
Judge
["J Mohammed"]

The applicants demonstrated a sufficient explanation for a delay of about four months and fifteen days, showed that the intended appeal was arguable, and the respondent demonstrated no prejudice; the court therefore exercised its discretion to extend time under rule 4.

Source excerpt

  • Extension of time
  • Delay in filing appeal
  • Rule 4 court of appeal rules
  • Arguable appeal
  • Prejudice
  • Record of appeal
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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.