Kenya Case Law

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…

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• Leave To Appeal Out Of Time
• Extension Of Time
• Appeals From Subordinate Courts

Collaoration Engineering Solutions and Products Limited v China Zhongxing Construction Company Limited & another

Collaoration Engineering Solutions and Products Limited v China Zhongxing Construction Company Limited & another [2025] KECA 1328 (KLR)

Court

Court of Appeal

Case number

Civil Application E584 of 2024

Judge

JM Ngugi

The Court of Appeal dismissed an application to enlarge time to seek leave to appeal in an arbitration matter, finding the 403-day delay inordinate and unjustified.

• Extension Of Time
• Leave To Appeal
• Arbitration Awards
• Court Of Appeal Jurisdiction
• Extension-of-time
• Leave-to-appeal

Gachuki v Kiunyu

Gachuki v Kiunyu [2025] KECA 1316 (KLR)

Court

Court of Appeal

Case number

Civil Application E522 of 2024

Judge

DK Musinga

The Court of Appeal dismissed an application to extend time to file a notice of appeal, finding the applicant had not adequately explained the delay.

• Extension Of Time
• Notice Of Appeal
• Appellate Jurisdiction
• Court Discretion
• Extension-of-time
• Notice-of-appeal

Shikunzi v Zarembka & another

Shikunzi v Zarembka & another [2025] KECA 1315 (KLR)

Court

Court of Appeal

Case number

Civil Application E509 of 2024

Judge

DK Musinga

The Court of Appeal allowed an application to extend time to file and serve a notice of appeal, finding the 47-day delay was not inordinate and the intended appeal arguable.

• Extension Of Time
• Notice Of Appeal
• Appellate Jurisdiction
• Judicial Discretion
• Extension-of-time
• Notice-of-appeal

Mutugi & another (Suing as the Legal Representatives of Samuel Mugera Mutugi (Deceased)) v Oewa & another

Mutugi & another (Suing as the Legal Representatives of Samuel Mugera Mutugi (Deceased)) v Oewa & another [2025] KECA 1329 (KLR)

Court

Court of Appeal

Case number

Civil Application E073 of 2021

Judge

GWN Macharia

The court found that the applicants failed to provide a sufficient and reasonable explanation for the inordinate delay in filing and serving the notice of appeal. The applicants were aware of the judgment in good time but did not take even minimal steps that did not require finances, such as timely requesting typed proceedings. The court held that financial hardship and the Covid-19 pandemic, as presented, were not substantiated and did not excuse the prolonged inaction. The delay of nearly two years in filing and over four years in serving the application was deemed inordinate and unexplaine…

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• Extension Of Time
• Appeals Process
• Delay And Laches

Mwakuzimu & another v Germano Chincherini Foundation (The Registered Trustee)

Mwakuzimu & another v Germano Chincherini Foundation (The Registered Trustee) [2025] KECA 1335 (KLR)

Court

Court of Appeal

Case number

Civil Application E055 of 2023

Judge

KI Laibuta

The Court of Appeal struck out an application for extension of time, holding that no notice of appeal on record meant there was no jurisdiction to grant relief.

• Extension Of Time
• Notice Of Appeal
• Appellate Jurisdiction
• Elc Judgment
• Procedural Compliance
• Extension-of-time

Katu v Republic

Katu v Republic [2025] KECA 1295 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal E065 of 2023

Judges

SG Kairu, AK Murgor, KI Laibuta

The Court of Appeal found that the appellant had provided valid, clear, plausible, and satisfactory reasons for the delay in filing his appeal, including the impact of the COVID-19 pandemic, his incarceration, lack of access to paralegals, and the delay in obtaining a copy of the judgment. The court held that these reasons constituted good cause under Section 349 of the Criminal Procedure Code and that the learned High Court Judge erred in failing to exercise judicial discretion in the appellant's favour. The court emphasized that the law does not prescribe a minimum or maximum period of dela…

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• Extension Of Time
• Appeals Process
• Judicial Discretion
• Covid19 Impacts

Mrema v Choke & 8 others

Mrema v Choke & 8 others [2025] KECA 1334 (KLR)

Court

Court of Appeal

Case number

Civil Application E129 of 2024

Judge

KI Laibuta

The Court found that the applicant failed to demonstrate that a notice of appeal was properly lodged with the Registrar of the superior court as required by the rules, nor was there evidence that the letter bespeaking proceedings was served on the respondent. The absence of a properly filed notice of appeal is a jurisdictional defect that deprives the Court of the power to entertain the application for extension of time. The Court emphasized that, regardless of the reasons for delay or the merits of the intended appeal, the mandatory requirement of a notice of appeal is not fulfilled, and thu…

Source excerpt

• Extension Of Time
• Notice Of Appeal
• Jurisdictional Prerequisites
• Appeal Procedure

Mwangi v Kamande & another

Mwangi v Kamande & another [2025] KECA 1312 (KLR)

Court

Court of Appeal

Case number

Civil Application E306 of 2024

Judge

F Tuiyott

The Court of Appeal directed the applicant to file a further affidavit with missing documents before it could consider an extension-of-time application in a succession appeal.

• Extension Of Time
• Substitution Of Parties
• Succession Proceedings
• Extension-of-time
• Substitution-of-parties
• Succession-proceedings

Makovu (Suing on behalf of the Estate of David Makovu Ndambo - Deceased) v Kenya Power & Lighting Company Ltd & 2 others

Makovu (Suing on behalf of the Estate of David Makovu Ndambo - Deceased) v Kenya Power & Lighting Company Ltd & 2 others [2025] KECA 1314 (KLR)

Court

Court of Appeal

Case number

Civil Application E312 of 2024

Judge

F Tuiyott

The Court of Appeal dismissed an application to extend time for lodging an appeal, finding a two-and-a-half-year delay unexplained and the applicant not diligent.

• Extension Of Time
• Appeal Timelines
• Judicial Discretion
• Advocate Mistake
• Extension-of-time
• Appeal-timelines