Agatha v Azad & 3 others
The bottom line
#Court delays won't count against you when seeking more time to appeal.
What this practically means
#The Supreme Court allowed an appeal to proceed even though it was filed 9 days late. The delay happened because the court took months to provide the typed proceedings the applicant needed. The judges said this kind of delay is not the applicant's fault and cannot be held against them. They also clarified that you don't need a special certificate from the court registrar to ask for extra time under Supreme Court rules.
Executive summary
#Key legal issues
#Whether the delay in filing the appeal was satisfactorily explained
The delay of 9 days was satisfactorily explained as it was caused by the court's failure to avail typed proceedings, which is a factor beyond the applicant's control.
The applicant lodged the notice of appeal within 3 days of the Court of Appeal judgment and immediately requested and paid for proceedings. The proceedings were not availed until September 20, 2021, and the application was made 9 days later. The court found this delay was attributable to the court's administrative machinery, not the applicant's lack of diligence, and was not inordinate.
Whether the applicant was required to provide a certificate of delay from the Registrar
There is no requirement under the Supreme Court Rules for an applicant to provide a certificate of delay from the Registrar.
The 1st respondent argued that the applicant failed to provide a certificate of delay. The court rejected this argument, noting that unlike the Civil Procedure Rules or Court of Appeal Rules, the Supreme Court Rules contain no such requirement.
Whether the intended appeal raises matters of general public importance or novel constitutional nature
The court did not address this issue as it was not necessary for the determination of the application for extension of time.
The 1st respondent argued that even if time was enlarged, the intended appeal was not arguable as it did not raise matters of general public importance. The court did not consider this argument in its reasoning, focusing instead on the principles for extension of time.
Legal principles established
#- The Supreme Court has full power to extend any time limit set by its rules or orders.
- Delays caused by the court's failure to provide documents are not the fault of the party waiting for them.
- You do not need a certificate of delay from the registrar when applying for extension of time in the Supreme Court.
- Extension of time is not an automatic right but a fair remedy given at the court's discretion.
- The applicant must show reasonable cause for the delay and that the application was made without undue delay.
- The court will consider any prejudice to the other side before granting extra time.
Court orders
#- 1.The notice of motion application dated September 24, 2021 and filed on September 29, 2021 is hereby allowed
- 2.The parties to appear before the Deputy Registrar for further directions as to the filing of the record of appeal and all related matters
- 3.Each party shall bear own costs
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Supreme Court Rules, 2020, rule 15(2) and rule 36(1)
Key timeline
#Practical implications
#No certificate of delay needed in Supreme Court
When applying for extension of time in the Supreme Court under rule 15(2), do not assume you need a certificate of delay from the registrar. The Supreme Court Rules have no such requirement, unlike the Court of Appeal or Civil Procedure Rules. Focus your argument on explaining the cause of delay and showing you acted promptly once the obstacle was removed.
Court delays won't kill your appeal rights
If you lose a case and the court is slow to provide the documents you need to appeal, that delay will not be counted against you. The Supreme Court made clear that administrative delays by the court are beyond your control. You still must act quickly once you receive the documents, but you won't be penalized for waiting on the court.
You can ask for more time to appeal
If you miss the deadline to appeal because the court didn't give you the case records on time, you can apply to the Supreme Court for extra time. You don't need a special certificate from the registrar. Just explain why you were late and show you filed your request soon after getting the documents. The court will consider your situation fairly.
Frequently asked questions
#Can I appeal to the Supreme Court of Kenya after the deadline has passed?+
Yes, you can apply for extension of time. The Supreme Court has the power to allow a late appeal if you show good reason for the delay, such as the court being slow to provide proceedings. You must file the application without further delay once the reason for the delay is resolved.
Do I need a certificate of delay to apply for extension of time in the Supreme Court of Kenya?+
No. Unlike the Court of Appeal or civil cases, the Supreme Court Rules do not require a certificate of delay from the registrar. You can apply directly by explaining why you were late and showing you acted promptly once the obstacle was removed.
What happens if the court delays giving me the typed proceedings in Kenya?+
The Supreme Court has ruled that such delays are not your fault and cannot be held against you. You should still request the proceedings immediately and follow up. Once you receive them, file your appeal or extension application as soon as possible to show you are acting in good faith.
How many days late can I file an appeal in the Supreme Court of Kenya?+
There is no fixed number of days that is automatically acceptable. The court looks at the reason for the delay and whether you acted promptly. In this case, a 9-day delay was allowed because it was caused by the court's failure to provide proceedings. Each case is decided on its own facts.
Later judgments citing this (6)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- KMS v HHA & 2 others (Children's Case E036 & E006 of 2024 (Consolidated)) [2026] KEMC 501 (KLR)[2026] KEMC 501 (KLR)14 Aug 2026
- KMS v HHA & 2 others (Children's Case E036 & E006 of 2024 (Consolidated)) [2026] KEMC 501 (KLR)[2026] KEMC 501 (KLR)14 Aug 2026
- Kamai v Republic (Criminal Application E060 of 2025) [2025] KECA 1883 (KLR)[2025] KECA 1883 (KLR)11 Nov 2025applied
- Emojon v Republic (Criminal Application E186 of 2024) [2024] KECA 1795 (KLR)[2024] KECA 1795 (KLR)6 Dec 2024applied
- Kichula & another v Kichula (Suing as the administrator of the Estate of the Late Philemon Kichula Pondo) & 4 others[2022] KECA 927 (KLR)24 Jun 2022distinguished
- Cause Impact Limited v Trustees & 2 others (Environment and Land Appeal E090 of 2021) [2022] KEELC 75 (KLR)[2022] KEELC 75 (KLR)2 Jun 2022
Cite this brief
#Cite this brief
Caselaw, "Agatha v Azad & 3 others", Case Analysis (2022). Civil Application 11 (E020) of 2021. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2022/1/eng@2022-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.