Kenya Case Law

Mailu (Suing as the Legal Representative of the Estate of Mailu Mulinge - Deceased) v Deputy County Commissioner Mukaa Sub- County & 2 others; Kikole (Interested Party)

Mailu (Suing as the Legal Representative of the Estate of Mailu Mulinge - Deceased) v Deputy County Commissioner Mukaa Sub- County & 2 others; Kikole (Interested Party) [2025] KECA 1193 (KLR)

Court

Court of Appeal

Case number

Civil Application E133 of 2023

Judge

F Sichale

The Court of Appeal granted an application for extension of time to file a notice and memorandum of appeal, finding the delay explained and not inordinate.

• Extension Of Time
• Judicial Discretion
• Delay In Filing Appeal
• Land Adjudication
• Judicial Review
• Extension-of-time

Nyakongo v Kenya Forestry Research Institute (KEFRI)

Nyakongo v Kenya Forestry Research Institute (KEFRI) [2025] KEELRC 2000 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E018 of 2024

Judge

JK Gakeri

The court found that the applicant failed to provide a sustainable justification for the delay in filing the notice of appeal. The evidence presented did not demonstrate that the applicant's alleged indisposition and hospitalization prevented him from instructing his advocate to file the appeal. The medical letter indicated a pre-existing condition and recommended bed rest but did not show hospitalization or incapacitation. The applicant's actions, including following up on payment, further undermined his claim of incapacity. The court emphasized that the discretion to extend time must be exe…

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• Extension Of Time
• Leave To Appeal
• Judicial Discretion
• Delay In Filing Appeal

Morara v Muinduko

Morara v Muinduko [2025] KEHC 9418 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E365 of 2024

Judge

J Ngaah

The High Court granted leave to appeal out of time after accepting the delay was caused by frozen insurer accounts, but refused stay of execution as premature.

• Leave To Appeal Out Of Time
• Stay Of Execution
• Delay In Filing Appeal
• Security For Decretal Sum
• Leave-to-appeal-out-of-time
• Stay-of-execution

Ogoti v Muthuku

Ogoti v Muthuku [2025] KEHC 9213 (KLR)

Court

High Court

Case number

Miscellaneous Application E915 of 2024

Judge

JN Mulwa

The court found that the applicant failed to provide sufficient and satisfactory reasons for the inordinate delay of over three years in seeking leave to appeal out of time. Evidence showed that the applicant and his former advocates were duly notified of the judgment and subsequent proceedings, including the notice to show cause. The court applied the principles under Order 42 Rule 6 of the Civil Procedure Rules and relevant case law, emphasizing the importance of compliance with statutory timelines and the need to prevent undue prejudice to the respondent, who had been denied the fruits of…

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• Leave To Appeal Out Of Time
• Stay Of Execution
• Delay In Filing Appeal
• Security For Decretal Sum

Republic v Ondieki

Republic v Ondieki [2025] KEHC 9073 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E012 of 2022

Judge

JN Kamau

The court found that although there was inordinate delay by the Applicant in seeking leave to appeal out of time, the delay was largely attributable to the late supply of certified proceedings and judgment, as evidenced by the correspondence and certificate of delay. The court held that the failure to file the appeal within the prescribed period was not entirely deliberate or without explanation. While the Respondent claimed prejudice, he did not demonstrate any specific harm that would result from the granting of leave. The court exercised its discretion in favour of the Applicant, finding t…

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• Leave To Appeal Out Of Time
• Delay In Filing Appeal
• Acquittal Review
• Prejudice To Respondent
• Judicial Discretion

Ngala v Mwachofi

Ngala v Mwachofi [2025] KEELC 4634 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E005 of 2025

Judge

EK Wabwoto

The court found that the applicant failed to provide a plausible explanation for the nine-month delay in seeking leave to appeal out of time. The reason advanced, being issues with his previous advocate, was not sufficient, as litigants are responsible for following up on their cases. The court held that the delay was inordinate and not justified. Consequently, the application for stay of execution and leave to appeal out of time was dismissed in its entirety, with costs awarded to the respondent.

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• Stay Of Execution
• Leave To Appeal Out Of Time
• Delay In Filing Appeal
• Exercise Of Judicial Discretion

Maingi v Mwenda

Maingi v Mwenda [2025] KEELC 5183 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E012 of 2025

Judge

JO Mboya

The Environment and Land Court dismissed an application for leave to appeal out of time, finding the delay unexplained and the applicant’s explanation dishonest.

• Extension Of Time
• Leave To Appeal
• Delay In Filing Appeal
• Judicial Discretion
• Perjury And False Affidavits
• Extension-of-time

Ketraco & another v Githinji

Ketraco & another v Githinji [2025] KEHC 9381 (KLR)

Court

High Court

Case number

Civil Miscellaneous E076 of 2024

Judge

TM Matheka

The High Court at Makueni declined leave to appeal out of time and, as a result, refused stay of execution. The applicants had not satisfactorily explained the delay.

• Stay Of Execution
• Leave To Appeal Out Of Time
• Delay In Filing Appeal
• Money Decree
• Substantial Loss
• Security For Due Performance

Motor Mania Body Builders Ltd v Gakumo Kihoro & Sons Ltd

Motor Mania Body Builders Ltd v Gakumo Kihoro & Sons Ltd [2025] KEELC 4279 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E268 of 2024

Judge

TW Murigi

The Environment and Land Court granted leave to appeal out of time, finding the applicant gave a plausible explanation for delay after filing in the wrong forum.

• Extension Of Time
• Leave To Appeal Out Of Time
• Appeals From Subordinate Courts
• Jurisdiction
• Delay In Filing Appeal
• Extension-of-time

Komen v Republic

Komen v Republic [2025] KEHC 6980 (KLR)

Court

High Court

Case number

Miscellaneous Application E088 of 2024

Judge

RN Nyakundi

The court found that the applicant's inability to file the appeal within the statutory period was due to the non-supply of the judgment and trial court record, which is a sufficient cause under the law. The Constitution guarantees the right to a fair trial, including timely access to court records necessary for appeal. The court recognized the systemic challenges in timely provision of such records and held that denying the extension would prejudice the applicant's constitutional rights. Applying established principles from both domestic and comparative jurisprudence, the court exercised its…

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• Extension Of Time
• Appeals Out Of Time
• Right To Fair Trial
• Criminal Procedure
• Delay In Filing Appeal