Kenya Case Law

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…

Source excerpt

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

Villa Care Management Limited v Kengen Retirement Benefits Scheme

Villa Care Management Limited v Kengen Retirement Benefits Scheme [2023] KECA 1216 (KLR)

Court

Court of Appeal

Case number

Civil Application E165 of 2022

Judges

DK Musinga, MSA Makhandia, S ole Kantai

The Court of Appeal dismissed a reference as incompetent because it was filed out of time under rule 57 and no leave to file late was sought.

• Extension Of Time
• Notice Of Appeal
• Court Of Appeal Rules
• Reference To Full Court
• Civil-procedure
• Extension-of-time

Mario Rossi v Salama Beach Hotel Limited

Mario Rossi v Salama Beach Hotel Limited [2018] KECA 142 (KLR)

Court

Court of Appeal

Case number

Civil Application 50 of 2016

Judges

ARM Visram, J Karanja, FI Koome

The Court found that the respondent did not make an oral application for reference at the time of the single Judge's ruling, as alleged, and that the only evidence of a request for reference was a letter lodged on 13th July, 2016. This letter was filed outside the seven-day period prescribed by Rule 55(1)(b) of the Court of Appeal Rules, and there was no leave of Court to extend the time. The Court emphasized the importance of strict compliance with procedural timelines, holding that the failure to file the reference within the stipulated period rendered it incompetent and deprived the Court…

Source excerpt

• Court Of Appeal Rules
• Reference To Full Court
• Timelines And Limitation
• Stay Of Proceedings

Hezekiah Michoki v Elizaphan Onyancha Ombongi

Hezekiah Michoki v Elizaphan Onyancha Ombongi [2009] KECA 361 (KLR)

Court

Court of Appeal

Case number

Civil Application 4 of 2009

The Court of Appeal allowed an application to extend time to seek reference of a single judge’s ruling to the full court, finding the delay excusable.

• Extension Of Time
• Reference To Full Court
• Court Of Appeal Rules
• Computation Of Time
• Extension-of-time
• Court-of-appeal-rules

Anthony Chuma Goiti v Kieru Goiti & another

Anthony Chuma Goiti v Kieru Goiti & another [2006] KECA 85 (KLR)

Court

Court of Appeal

Case number

Civil Application 29 of 2006

The Court of Appeal extended time for the applicant to file a reference to the full court after a delay of about one month was sufficiently explained.

• Extension Of Time
• Reference To Full Court
• Judicial Discretion
• Delay Explanation
• Land Dispute
• Appeals Process

Gatumu Rubichu v Ndambiri Wambu Rubichu

Gatumu Rubichu v Ndambiri Wambu Rubichu [2006] KECA 239 (KLR)

Court

Court of Appeal

Case number

Civil Application 347 of 2005

The Court of Appeal granted a 30-day extension of time for an applicant to seek a reference from a single judge’s decision, accepting a mistaken belief about the time limit.

• Extension Of Time
• Court Of Appeal Rules
• Reference To Full Court
• Procedural Delay
• Extension-of-time
• Court-of-appeal-rules

Purshottam Ramji Kotecha & Bhagwanji Narchidas Kotecha v Sanjay Narandas Pau & Simeon Kiptum Arap Choge

Purshottam Ramji Kotecha & Bhagwanji Narchidas Kotecha v Sanjay Narandas Pau & Simeon Kiptum Arap Choge [2005] KECA 200 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 86 of 2003

Judge

AM Githinji

The full Court held that the single Judge had properly exercised his discretion in granting the extension of time for filing and serving the notice and record of appeal. The Judge considered the period of delay, the explanation offered, and found the explanation reasonable. The full Court found no evidence that the single Judge misdirected himself, took into account irrelevant matters, failed to consider relevant matters, misapprehended the law or facts, or was plainly wrong in a manner that caused injustice. The Court reiterated that it is not entitled to substitute its own discretion for th…

Source excerpt

• Extension Of Time
• Exercise Of Discretion
• Appeals Process
• Reference To Full Court

Moses Kipkolum Kogo v Nyamogo & Nyamogo Advocates

Moses Kipkolum Kogo v Nyamogo & Nyamogo Advocates [2003] KECA 15 (KLR)

Court

Court of Appeal

Case number

Civil Appeal (Application) 322 of 2000

The Court of Appeal dismissed an application for extension of time to seek a reference to the full Court, finding no sufficient cause for the delay.

• Extension Of Time
• Reference To Full Court
• Taxation Of Costs
• Extension-of-time
• Reference-to-full-court
• Taxation-of-costs

JOSEIS WANJIRU ALIAS JOSEIS WAIRIMU vs KABUI NDEGWA

JOSEIS WANJIRU ALIAS JOSEIS WAIRIMU vs KABUI NDEGWA [2002] KECA 148 (KLR)

Court

Court of Appeal

Case number

? 150 of 2002

The Court of Appeal extended time to validate a reference filed out of time, finding the applicant had acted expeditiously and the delay was excusable.

• Extension Of Time
• Reference To Full Court
• Appeal Procedure
• Extension-of-time
• Reference-to-full-court
• Appeal-procedure