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

Olal v Jay Jay Holdings Limited

Olal v Jay Jay Holdings Limited [2025] KEELC 5407 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E051 of 2025

Judge

CG Mbogo

The court found that while the applicant's delay in filing the appeal was attributable to an error in the e-filing system, the responsibility for proper filing rests with the applicant. Nevertheless, the court acknowledged that the applicant was intent on appealing and that the draft memorandum of appeal raised arguable grounds. The court exercised its discretion under Section 79G of the Civil Procedure Act to grant leave to file the appeal out of time. However, the court declined to grant a mandatory injunction restoring the applicant to possession of the suit property, holding that the circ…

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• Leave To Appeal Out Of Time
• Mandatory Injunction
• Eviction Procedure
• Possession Of Property
• Appeal From Subordinate Court

Njonjo v Githeu & another

Njonjo v Githeu & another [2025] KEHC 10424 (KLR)

Court

High Court

Case number

Miscellaneous Civil Application E760 of 2024

Judge

TW Ouya

The High Court struck out an application for leave to appeal out of time because the applicant’s advocates were not properly on record after judgment.

• Leave To Appeal Out Of Time
• Change Of Advocate Post Judgment
• Consent Judgment
• Preliminary Objection
• Stay Of Execution
• Representation Procedure

Nakitare v Barasa

Nakitare v Barasa [2025] KEELC 5395 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E009 of 2025

Judge

EC Cherono

The court granted leave to appeal out of time but refused stay of execution, finding the delay explained yet the underlying judgment was negative and not executable.

• Leave To Appeal Out Of Time
• Stay Of Execution
• Explanation Of Delay
• Substantial Loss
• Negative Judgment
• Exercise Of Discretion

Mwangi v Ngugi

Mwangi v Ngugi [2025] KEELC 5373 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E022 of 2024

Judge

JM Onyango

The court found that although the Applicant did not provide documentary evidence of his inability to access the trial court file, the delay in filing the application was minimal and satisfactorily explained. The application was filed only one day after the statutory period lapsed, and the court exercised its discretion to grant leave to appeal out of time. On the request for an injunction, the court held that the Applicant had demonstrated a prima facie case and that the intended appeal was not frivolous, but failed to show irreparable harm if the injunction was not granted. Regarding the sta…

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• Leave To Appeal Out Of Time
• Interlocutory Injunctions
• Stay Of Execution
• Land Ownership Disputes

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…

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

Waminila v Republic

Waminila v Republic [2025] KECA 1274 (KLR)

Court

Court of Appeal

Case number

Criminal Application E009 of 2024

Judge

DK Musinga

The Court of Appeal dismissed an application for leave to appeal out of time, holding that it had no jurisdiction over an intended appeal on the severity of sentence.

• Leave To Appeal Out Of Time
• Second Appeals
• Sentence Review
• Jurisdiction Of Court
• Leave-to-appeal-out-of-time
• Second-appeals

Kuria & another v Marshall Holdings Ltd

Kuria & another v Marshall Holdings Ltd [2025] KEELC 5265 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Case E024 of 2024

Judge

JM Onyango

The court granted leave to appeal out of time but declined injunction and stay orders, finding the delay explained but no sufficient proof of irreparable harm or substantial loss.

• Leave To Appeal Out Of Time
• Injunction Pending Appeal
• Stay Of Execution
• Specific Performance
• Breach Of Contract
• Leave-to-appeal-out-of-time

PKK v CK

PKK v CK [2025] KEELC 5161 (KLR)

Court

Environment and Land Court

Case number

Miscellaneous Application E028 of 2025

Judge

SM Githinji

The court granted leave to appeal out of time and a conditional stay over a child maintenance order, requiring continued school fees and monthly payments.

• Maintenance Orders
• Leave To Appeal Out Of Time
• Stay Of Execution
• Best Interests Of Child
• Stay-of-execution
• Leave-to-appeal-out-of-time

Kipkoech v Republic

Kipkoech v Republic [2025] KEHC 9758 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application E090 of 2024

Judge

RN Nyakundi

The High Court at Eldoret dismissed an application for leave to appeal out of time, holding it could not revisit an appeal it had already determined.

• Leave To Appeal Out Of Time
• Pauper Proceedings
• Criminal Appeals
• Enlargement Of Time
• Criminal-appeals
• Leave-to-appeal-out-of-time