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Kenya decisions
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Yego v Kogo [2025] KECA 1225 (KLR)
The Court of Appeal struck out an application for extension of time to appeal, holding that the delay was covered by the certificate-of-delay mechanism under rule 84.
Gitau & another v Wanyoike & another [2025] KECA 1243 (KLR)
The Court of Appeal allowed an application to extend time, deeming a record of appeal filed out of time as duly filed and served after a 14-day delay caused by counsel’s miscalculation.
International Centre for Insect Physiology and Ecology (ICIPE) v Mcnally & another [2025] KECA 1123 (KLR)
The Court of Appeal struck out a late Supplementary Record of Appeal and the entire appeal for non-compliance with mandatory appellate rules and missing primary documents.
Juma Hardware Limited v Tungani & 2 others [2025] KEELRC 1831 (KLR)
The court dismissed a post-judgment application, holding it had already finally determined the appeal issues and was functus officio on the appeal’s validity.
Muasya v Kilonzo & 2 others [2025] KECA 1111 (KLR)
The court found that the applicant applied for certified copies of the judgment and proceedings on the same day the judgment was delivered and was only notified of their readiness 132 days later, as evidenced by a certificate of delay. The applicant then filed the application for extension of time within 6 days of receiving the proceedings. The court held that this delay was not inordinate and was satisfactorily explained. The respondents did not oppose the application or demonstrate any prejudice they would suffer if the extension was granted. Accordingly, the court exercised its discretion…
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Abdulrehman (Sued as the Attorney of the Wakf of the Late Harith Al-Amin Bin Mazrui) v Canarian Holdings Limited [2025] KECA 911 (KLR)
The Court of Appeal dismissed an application to strike out an appeal, holding that an unchallenged Certificate of Delay entitled the respondent to rely on the excluded time.
Waitiki v Kenya Power & Lighting Co. Ltd [2025] KECA 874 (KLR)
The Court of Appeal deemed the respondent’s notice of appeal withdrawn for failure to institute the appeal within time and awarded costs to the applicant.
Mukolwe & another v Malilo [2025] KECA 889 (KLR)
The court found that although the applicants failed to serve the letter bespeaking proceedings on the respondent and thus could not benefit from the certificate of delay, the delay in filing the appeal was satisfactorily explained by the missing court file, which was only traced after persistent follow-up. The court exercised its discretion to excuse the delay, noting that it was not inordinate and that the respondent had not demonstrated any substantial prejudice that would result from granting the extension. The application for extension of time was therefore allowed to enable the applicant…
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Kimani v Gachie & 2 others [2025] KEELC 3865 (KLR)
The court found that the applicant, having already sought and exhausted the remedy of review against the judgment, was precluded by law from subsequently seeking to appeal the same judgment. The Civil Procedure Act and Rules, as well as binding case law, make it clear that a party cannot pursue both review and appeal from the same decree or order. The applicant consciously chose to seek review, which was dismissed, and only then attempted to appeal, amounting to an abuse of court process and an impermissible attempt to have a second bite at the cherry. The court further held that the discreti…
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Chande v Kenya Ports Authority [2025] KECA 753 (KLR)
The Court of Appeal granted extension of time to file an appeal, finding the delay in instituting the appeal was not inordinate and was sufficiently explained.
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