Kenya Case Law

Juma v Pinkertons’ Kenya Limited

Juma v Pinkertons’ Kenya Limited [2025] KEELRC 2161 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E164 of 2023

Judge

JW Keli

The court found that the appeal was filed more than one year after the trial court's judgment, well outside the 30-day period prescribed by Section 79G of the Civil Procedure Act, and without any leave of court. The explanation provided by the appellant, including delays in obtaining certified proceedings and the advocate's absence, did not justify the failure to file the memorandum of appeal within time, as certification is not required for the memorandum. The court further held that the record of appeal was incomplete, lacking certified proceedings, in violation of Order 42 rule 13(4)(c) an…

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• Appeal Out Of Time
• Leave Of Court
• Jurisdiction Of Appellate Court
• Procedural Compliance
• Record Of Appeal Requirements

Dodhia v Dodhia

Dodhia v Dodhia [2025] KECA 1325 (KLR)

Court

Court of Appeal

Case number

Civil Application 525 of 2024

Judge

DK Musinga

Court of Appeal declined to extend time for a late appeal, finding the delay was not adequately explained, the appeal appeared weak, and the respondent would be prejudiced.

• Extension Of Time
• Appeal Out Of Time
• Divorce Maintenance
• Delay Explanation
• Prejudice To Respondent
• Extension-of-time

Kenya Orient Insurance Company Ltd v Mwangi & another

Kenya Orient Insurance Company Ltd v Mwangi & another [2025] KEHC 10686 (KLR)

Court

High Court

Case number

Civil Appeal 152 of 2024

Judge

FN Muchemi

The High Court held that late payment of appeal filing fees could be regularized under Section 96 of the Civil Procedure Act and dismissed the strike-out application.

• Appeal Out Of Time
• Court Fees Payment
• Judicial Discretion
• Procedural Irregularities
• Civil-appeals
• Court-fees

Njoki & another v Goko

Njoki & another v Goko [2025] KEELC 5404 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E077 of 2025

Judge

JG Kemei

The court held that the Appellants failed to file a Memorandum of Appeal within the statutory period and did not formally seek leave to file an appeal out of time in their application. The court emphasized that an affidavit is not a pleading and cannot be used to seek substantive orders such as leave to appeal out of time. Without a properly filed Memorandum of Appeal and a formal prayer for extension of time, there is no appeal before the court for determination. Consequently, the application to deem the annexed Memorandum of Appeal as duly filed was dismissed. Further, since no appeal was p…

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• Appeal Out Of Time
• Stay Of Execution
• Memorandum Of Appeal Filing
• Procedural Lapse
• Eviction Orders

Karithi v Karumo Technical Training Institute

Karithi v Karumo Technical Training Institute [2025] KECA 1260 (KLR)

Court

Court of Appeal

Case number

Civil Application E027 of 2025

Judge

S ole Kantai

The court found that the applicant, who was acting in person, had his suit dismissed and subsequently sought review, which was also dismissed after the time for appeal had lapsed. The application for extension of time was made without inordinate delay. The draft Memorandum of Appeal disclosed reasonable grounds of appeal. The court, applying the principles from Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, exercised its discretion in favour of the applicant, finding that sufficient cause had been shown for the delay and that the interests of justice warranted granting the extension. No preju…

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• Extension Of Time
• Appeal Out Of Time
• Judicial Discretion
• Employment Disputes

Crawford Capital Ltd v Ogelo & 2 others

Crawford Capital Ltd v Ogelo & 2 others [2025] KECA 1281 (KLR)

Court

Court of Appeal

Case number

Civil Application E057 of 2024

Judge

WK Korir

The Court of Appeal allowed an application for leave to file an appeal out of time, finding the delay was satisfactorily explained and no prejudice was shown.

• Extension Of Time
• Appeal Out Of Time
• Court Of Appeal Rules
• Service Of Notice Of Appeal
• Extension-of-time
• Appeal-out-of-time

Langat v Langat

Langat v Langat [2025] KECA 1239 (KLR)

Court

Court of Appeal

Case number

Civil Application E062 of 2024

Judge

WK Korir

The Court of Appeal dismissed an application to file an appeal out of time, finding the delay was not satisfactorily explained and no valid notice of appeal was on record.

• Extension Of Time
• Notice Of Appeal
• Appeal Out Of Time
• Court Discretion
• Delay Explanation
• Extension-of-time

Maina & another v Kingori

Maina & another v Kingori [2025] KEELC 5163 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E011 of 2023

Judge

JO Olola

Application for stay of execution dismissed for inordinate delay, incompetence of the appeal filed out of time, and because execution had already occurred.

• Stay Of Execution
• Delay In Filing
• Sale Of Land
• Removal Of Caution
• Appeal Out Of Time
• Stay-of-execution

Omukatia v Kenvic School

Omukatia v Kenvic School [2025] KECA 1217 (KLR)

Court

Court of Appeal

Case number

Civil Application E228 of 2023

Judge

F Sichale

The court found that the applicant's delay of two months and six days in filing the notice of appeal was not inordinate and was satisfactorily explained by the unavailability of the court file, which was a circumstance beyond the applicant's control. The court accepted the applicant's evidence of attempts to trace the file and corresponding with court registries. The court held that the applicant would suffer significant prejudice if not allowed to appeal out of time, while the respondent would not suffer prejudice as the applicant's petition had merely been dismissed. Accordingly, the court…

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• Extension Of Time
• Appeal Out Of Time
• Court File Unavailability
• Stay Of Execution
• Prejudice To Parties

Somoni v Muangi

Somoni v Muangi [2025] KEHC 9582 (KLR)

Court

High Court

Case number

Appeal E109 of 2024

Judge

H Namisi

The court found that the appellant filed the memorandum of appeal nine months after the judgment, far outside the statutory 30-day period prescribed by section 79G of the Civil Procedure Act. The appellant neither sought nor obtained leave of the court to file the appeal out of time, nor did she provide any explanation for the delay. The court held that an appeal filed out of time without leave is a nullity and cannot be cured by subsequent applications. The preliminary objection raised by the respondent was therefore upheld, and the appeal was dismissed with costs to the respondent.

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• Appeal Out Of Time
• Leave To Appeal
• Preliminary Objection
• Divorce Decree
• Limitation Periods