Kenya Case Law

Muriithi & another (Suing as Administrators of the Estate of Monica Wangeci Muriithi - Deceased) v Car & General (Trading) Limited & another

Muriithi & another (Suing as Administrators of the Estate of Monica Wangeci Muriithi - Deceased) v Car & General (Trading) Limited & another [2025] KECA 1303 (KLR)

Court

Court of Appeal

Case number

Civil Application E403 of 2024

Judge

F Tuiyott

The Court of Appeal allowed an application to extend time to file a notice of appeal, finding the delay of under two months not inordinate and not prejudicial.

• Extension Of Time
• Notice Of Appeal
• Court Of Appeal Rules
• Delay In Filing
• Discretion Of Court
• Extension-of-time

Onsongo & another v Wahome t/a Precious Care Medical Centre

Onsongo & another v Wahome t/a Precious Care Medical Centre [2025] KEHC 10282 (KLR)

Court

High Court

Case number

Civil Appeal 4 of 2024

Judge

H Namisi

The court found that the application for stay of execution was filed timeously, shortly after the judgment of the lower court. While the appellants asserted that they would suffer substantial loss if stay was not granted, they did not provide evidence of such loss or address the issue of security for due performance. The court, however, recognised its discretion to impose conditions for stay, including the requirement for security. Applying the principles under Order 42 rule 6 of the Civil Procedure Rules and relevant case law, the court held that the interests of both parties must be balance…

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• Stay Of Execution
• Security For Due Performance
• Substantial Loss
• Discretion Of Court

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…

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• Extension Of Time
• Leave To Appeal
• Appeals From Subordinate Courts
• Discretion Of Court

Kosgei v Republic

Kosgei v Republic [2025] KEHC 10198 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E410 of 2024

Judge

RN Nyakundi

The court found that the applicant had satisfactorily explained the delay in filing the appeal, attributing it to circumstances beyond his control, namely the unavailability of the officer assisting him due to official duties. Applying the principles from Nicholas Kiptoo Arap Salat v IEBC and 7 Others, the court held that the applicant had met the threshold for the exercise of judicial discretion to extend time. There was no evidence of prejudice to the respondent, and the application was brought without undue delay. Consequently, the court granted leave to file the appeal out of time and dee…

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• Extension Of Time
• Appeals Out Of Time
• Discretion Of Court
• Criminal Sentencing

Okomba v Bachulal Popatlal Ltd

Okomba v Bachulal Popatlal Ltd [2025] KEELRC 2064 (KLR)

Court

Employment and Labour Relations Court

Case number

Miscellaneous Case E046 of 2025

Judge

JK Gakeri

The court found that the applicant's delay of approximately three months in filing the appeal was neither prolonged nor inordinate, and that her explanation of financial hardship was plausible given her unemployment and status as sole breadwinner. The court noted that legal services are expensive and access to justice may be challenging for unemployed persons. The court further found that the intended appeal was arguable, as it raised non-frivolous issues regarding the trial court's refusal to award overtime, leave days, and house allowance. The respondent did not demonstrate any specific pre…

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• Extension Of Time
• Leave To Appeal
• Discretion Of Court
• Delay And Explanation
• Prejudice To Respondent
• Arguability Of Appeal

Wawire v Republic

Wawire v Republic [2025] KEHC 10142 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E101 of 2024

Judge

FN Muchemi

The court found that the applicant failed to provide satisfactory or sufficient reasons for the inordinate delay of nearly three years in seeking leave to appeal out of time. The applicant did not demonstrate any efforts to request the judgment or proceedings, nor did he annex any evidence of such requests or a draft petition of appeal. The court held that financial constraints were not a valid excuse, as criminal appeals and proceedings are provided at no cost. Applying the principles from Nicholas Kiptoo arap Korir Salat v IEBC & 7 Others, the court concluded that the applicant did not meet…

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• Extension Of Time
• Appeals Out Of Time
• Discretion Of Court
• Defilement Offence

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

Chirchir v Republic

Chirchir v Republic [2025] KEHC 9645 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E132 of 2024

Judge

RN Nyakundi

The court found that the applicant provided a reasonable explanation for the delay in filing his appeal, namely his illness, and that the delay was not deliberate. The court emphasized that the discretion to extend time is guided by principles set out in Salat v IEBC & 7 others, including the need for a satisfactory explanation for the delay and the absence of prejudice to the respondent. The court held that substantial justice would be served by allowing the applicant to file his appeal out of time, and accordingly exercised its discretion in his favour. The memorandum of appeal was deemed d…

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• Extension Of Time
• Appeals
• Discretion Of Court
• Condonation Of Delay

Githinji v Republic

Githinji v Republic [2025] KECA 1250 (KLR)

Court

Court of Appeal

Case number

Criminal Application E005 of 2023

Judge

A Ali-Aroni

The Court of Appeal allowed an application to extend time for filing an appeal out of time, finding the delay satisfactorily explained and the draft appeal not frivolous.

• Extension Of Time
• Appeals Process
• Discretion Of Court
• Extension-of-time
• Appeals-process
• Court-of-appeal-rules

Waminila & another v Republic

Waminila & another v Republic [2025] KECA 1166 (KLR)

Court

Court of Appeal

Case number

Criminal Application E040 of 2023

Judges

PO Kiage, WK Korir, JM Ngugi

The Court of Appeal declined to reinstate a withdrawn criminal appeal, finding no mistake or fraud in the withdrawal and holding that the applicants’ conduct was an abuse of process.

• Reinstatement Of Appeal
• Withdrawal Of Appeal
• Abuse Of Process
• Discretion Of Court
• Reinstatement-of-appeal
• Withdrawal-of-appeal