Kenya Case Law

Njoroge v Republic

Njoroge v Republic [2025] KECA 1177 (KLR)

Court

Court of Appeal

Case number

Criminal Application E057 of 2025

Judge

JM Mativo

The court found that the applicant's delay of approximately four months in filing the notice of appeal was not inordinate and that the explanation provided—reliance on his family to instruct an advocate, which did not occur—was plausible and satisfactory. Applying the principles from Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet, the court exercised its discretion in favour of the applicant, particularly considering that he was acting in person and the nature of the sentence he was serving. The court therefore granted the extension of time, directing the applicant to file the notice of a…

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• Extension Of Time
• Criminal Appeals
• Conviction And Sentence
• Procedural Delay

Simiyu v Protective Custody Limited

Simiyu v Protective Custody Limited [2025] KEELRC 1497 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Miscellaneous E002 of 2025

Judge

ON Makau

The court granted leave to appeal out of time, finding the delay was explained by counsel’s mistake and delayed proceedings, with no shown prejudice to the respondent.

• Extension Of Time
• Appeal Out Of Time
• Mistake Of Counsel
• Procedural Delay
• Extension-of-time
• Appeal-out-of-time

Okode v Adera

Okode v Adera [2025] KECA 922 (KLR)

Court

Court of Appeal

Case number

Civil Application E146 of 2023

Judge

F Tuiyott

The Court found that the applicant's delay in filing the reference was not inordinate, amounting to about 12 days, and could be excused. The inconsistencies in the dates were attributed to clerical errors rather than lack of candour. The absence of a notice of appeal did not deprive the Court of jurisdiction in the context of an application for extension of time to file a reference under rule 57. The respondent would not suffer prejudice from the short delay, and the right to reference under rule 57 should not be unduly curtailed. Accordingly, the application for extension of time was allowed…

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• Extension Of Time
• Reference To Full Court
• Court Of Appeal Rules
• Procedural Delay

Ngonjoh v Board of Management, Shakaina Presbyterian School & 3 others

Ngonjoh v Board of Management, Shakaina Presbyterian School & 3 others [2025] KECA 582 (KLR)

Court

Court of Appeal

Case number

Civil Application E364 of 2024

Judge

PO Kiage

The Court of Appeal granted extension of time, deeming an out-of-time notice of appeal duly filed and served after finding the delay was satisfactorily explained.

• Extension Of Time
• Notice Of Appeal
• Appeal Rights
• Procedural Delay
• Extension-of-time
• Notice-of-appeal

Namasaka v Republic

Namasaka v Republic [2025] KECA 618 (KLR)

Court

Court of Appeal

Case number

Criminal Application E146 of 2024

Judge

LK Kimaru

The court's discretion to extend time is invoked when sufficient reason is provided for the delay and where it is just to allow a party to exercise their constitutional right of appeal, especially in serious criminal cases.

Source excerpt

• Extension Of Time
• Right Of Appeal
• Procedural Delay

Mburu & 5 others v Barclays Bank of Kenya Limited

Mburu & 5 others v Barclays Bank of Kenya Limited [2025] KECA 390 (KLR)

Court

Court of Appeal

Case number

Civil Application E606 of 2024

Judge

AO Muchelule

The application for extension of time to seek certification and leave to appeal to the Supreme Court is dismissed due to unexplained and inordinate delay of seven months after a previous application for certification was struck out for being filed out of time.

Source excerpt

• Extension Of Time
• Certification To Supreme Court
• Mareva Injunctions
• Counterclaims
• General Damages
• Procedural Delay

Kimanga v Republic

Kimanga v Republic [2025] KECA 354 (KLR)

Court

Court of Appeal

Case number

Criminal Application E001 of 2025

Judge

JM Mativo

The Court of Appeal allowed an application to file an appeal out of time, finding the delay was satisfactorily explained and deeming the appeal papers duly filed.

• Extension Of Time
• Appeals Process
• Defilement Offence
• Sentencing
• Procedural Delay
• Extension-of-time

Suereca East Africa Limited v Baburam & 3 others (Suing as Legal Representatives of the Estate of Rael Chemeli Baburam)

Suereca East Africa Limited v Baburam & 3 others (Suing as Legal Representatives of the Estate of Rael Chemeli Baburam) [2025] KECA 329 (KLR)

Court

Court of Appeal

Case number

Civil Application E182 of 2024

Judge

LA Achode

Court of Appeal dismissed an unopposed bid to extend time to file a notice of appeal, finding an eight-month delay was inordinate and not satisfactorily explained.

• Extension Of Time
• Appeals Process
• Judicial Discretion
• Procedural Delay
• Extension-of-time
• Notice-of-appeal

Sena v Republic

Sena v Republic [2025] KECA 247 (KLR)

Court

Court of Appeal

Case number

Criminal Application E227 of 2024

Judge

JM Mativo

Court of Appeal granted leave to appeal out of time in a murder conviction case, finding the applicant’s explanation for a 6-year delay plausible.

• Extension Of Time
• Leave To Appeal
• Criminal Appeals
• Procedural Delay
• Extension-of-time
• Leave-to-appeal

Njeru v Muriuki & 3 others

Njeru v Muriuki & 3 others [2025] KECA 351 (KLR)

Court

Court of Appeal

Case number

Civil Application E005 of 2024

Judge

A Ali-Aroni

The applicant's delay in filing the appeal was not inordinate, the reasons provided for the delay were plausible, the intended appeal appears arguable, and the respondents did not demonstrate any likely prejudice, therefore, the court will exercise its discretion to grant an extension of time to prevent the applicant from being denied access to justice.

Source excerpt

• Extension Of Time
• Appeal Rights
• Procedural Delay
• Title Cancellation
• Beneficial Ownership