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Civil Procedure [2025] KEHC 10611 (KLR)

Anyona v Safaricom Plc & another

Anyona v Safaricom Plc & another [2025] KEHC 10611 (KLR)

Court
High Court
Case number
Miscellaneous Civil Application E1038 of 2024
Judge
NW Sifuna

The court found that the applicant's delay of almost thirteen months in seeking leave to appeal was inordinate and unreasonable. The applicant had initially elected to pursue a review of the judgment rather than an appeal, and only sought to appeal after the review application was dismissed. The court held that choices in litigation have consequences, and a party who elects one course of action is bound by its outcome. The applicant's explanation for the delay did not amount to good and sufficient cause as required by Section 79G of the Civil Procedure Act. Allowing the application would prej…

Source excerpt

  • Leave To Appeal Out Of Time
  • Extension Of Time
  • Appeals From Subordinate Courts
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Civil Procedure [2025] KEHC 10262 (KLR)

Veroway Ventures Limited v Mwaka & another

Veroway Ventures Limited v Mwaka & another [2025] KEHC 10262 (KLR)

Court
High Court
Case number
Miscellaneous Civil Application E113 of 2024
Judge
TW Ouya

The court found that Mary Wangechi King’ori, as a director of the applicant company, was competent to swear affidavits on its behalf, and the respondents had not provided evidence to the contrary. Although the reasons advanced for the delay in filing the appeal—namely, financial constraints—were not entirely convincing, the delay was not inordinate (about 20 days), and the draft memorandum of appeal raised arguable issues. The court emphasized the applicant's constitutional rights to a fair hearing and access to justice, noting that any prejudice to the respondents could be mitigated by costs…

Source excerpt

  • Extension Of Time
  • Leave To Appeal
  • Appeals From Subordinate Courts
  • Discretion Of Court
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Civil Procedure [2025] KEELC 5329 (KLR)

Ngetich & another v Soi

Ngetich & another v Soi [2025] KEELC 5329 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Miscellaneous Application E001 of 2025
Judge
LA Omollo

The court extended time to appeal, allowed a change of advocates, and ordered costs to abide the appeal after finding an arguable land dispute appeal and no prejudice.

  • Extension Of Time
  • Appeals From Subordinate Courts
  • Land Ownership Disputes
  • Rectification Of Land Register
  • Extension-of-time
  • Civil-procedure-appeals
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Civil Procedure [2025] KEHC 10443 (KLR)

Kinyor & 2 others v Mwangi (Suing as the next of friend of John Macharia)

Kinyor & 2 others v Mwangi (Suing as the next of friend of John Macharia) [2025] KEHC 10443 (KLR)

Court
High Court
Case number
Miscellaneous Civil Application E181 of 2022
Judge
RN Nyakundi

The High Court at Eldoret granted 21 days to file an appeal out of time, finding sufficient cause for delay after alleged lack of judgment notice. Costs went to the respondent.

  • Extension Of Time
  • Stay Of Execution
  • Appeals From Subordinate Courts
  • Extension-of-time
  • Appeal-out-of-time
  • Stay-of-execution
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Civil Procedure [2025] KEHC 10216 (KLR)

Shitanda v Shitanda

Shitanda v Shitanda [2025] KEHC 10216 (KLR)

Court
High Court
Case number
Miscellaneous Application 88 of 2025
Judge
S Mbungi

The High Court at Kakamega allowed an application for leave to file an appeal out of time, despite an inordinate delay, subject to strict timelines and throw-away costs.

  • Extension Of Time
  • Appeals From Subordinate Courts
  • Delay And Laches
  • Access To Justice
  • Extension-of-time
  • Appeals
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Civil Procedure [2025] KEELC 5251 (KLR)

Trustees of the African Independent Pentecostal Church of Africa (AIPCA) v Chege

Trustees of the African Independent Pentecostal Church of Africa (AIPCA) v Chege [2025] KEELC 5251 (KLR)

Court
Environment and Land Court
Case number
Environment and Land Appeal E037 of 2024
Judge
JM Onyango

The court refused leave to appeal out of time and stay of execution, finding the 15-month delay unexplained and the application lacking merit.

  • Extension Of Time
  • Stay Of Execution
  • Service Of Process
  • Appeals From Subordinate Courts
  • Extension-of-time
  • Stay-of-execution
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Employment And Labour [2025] KEELRC 2062 (KLR)

Kanyaa v NK Brothers Limited

Kanyaa v NK Brothers Limited [2025] KEELRC 2062 (KLR)

Court
Employment and Labour Relations Court
Case number
Miscellaneous Application E028 of 2025
Judge
AK Nzei

The court found that although the delay in filing the application for leave to appeal out of time was only one day, the applicant failed to provide adequate and credible explanation for the delay. The alleged financial constraints were not substantiated by evidence, as the school fees payment relied upon was made after the application was filed, and no evidence of a request for legal fees from the advocates was provided. Critically, the applicant did not file certified copies of the trial court's proceedings or pleadings, which are necessary for the court to assess whether the intended appeal…

Source excerpt

  • Extension Of Time
  • Leave To Appeal Out Of Time
  • Stay Of Execution
  • Appeals From Subordinate Courts
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Civil Procedure [2025] KEHC 10219 (KLR)

Keiru v Githumbi

Keiru v Githumbi [2025] KEHC 10219 (KLR)

Court
High Court
Case number
Miscellaneous Civil Case E088 of 2024
Judge
MA Odero

The High Court at Nyeri granted leave to file an appeal out of time, finding the delay was caused by late supply of typed proceedings and no prejudice was shown.

  • Extension Of Time
  • Leave To Appeal
  • Appeals From Subordinate Courts
  • Extension-of-time
  • Leave-to-appeal
  • Appeals-from-subordinate-courts
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Civil Procedure [2025] KEHC 9705 (KLR)

Rotich v Rutto & another

Rotich v Rutto & another [2025] KEHC 9705 (KLR)

Court
High Court
Case number
Miscellaneous Application E005 of 2025
Judge
JK Ng'arng'ar

The High Court at Bomet dismissed an application to extend time to appeal, finding a roughly 60-day delay was inordinate and unexplained.

  • Extension Of Time
  • Appeals From Subordinate Courts
  • Discretion Of Court
  • Delay In Filing
  • Substantial Loss
  • Costs Award
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Family And Children [2025] KEHC 9859 (KLR)

Indetie & another v Indetie

Indetie & another v Indetie [2025] KEHC 9859 (KLR)

Court
High Court
Case number
Civil Appeal E065 of 2025
Judge
PM Nyaundi

High Court appeal over refusal to recuse and an application for stay of proceedings pending appeal; stay was denied.

  • Stay Of Proceedings
  • Right To Fair Trial
  • Maintenance Orders
  • Recusal Of Judge
  • Appeals From Subordinate Courts
  • Stay-of-proceedings
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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.