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Supreme CourtPartially AllowedPetition (Application) 12 (E014) of 2022

Barclays Bank of Kenya Limited (Now ABSA Kenya PLC) v Commissioner of Domestic Taxes (Large Taxpayer’s Office); Kenya Bankers Association & another (Interested Parties)

Supreme Court of Kenya
30 May 2025
1,103 words in judgment
View original judgmentRead on Kenya LawDownload the judgment (PDF) Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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Supreme Court allows 30-page submissions in complex appeal, citing judicial discretion and fair hearing.

What this practically means

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The Supreme Court of Kenya granted permission to file longer legal arguments (30 pages instead of the usual 15) because the case involves important public interest and complex issues. The court said it has discretion to ensure justice. The other side must respond within seven days. Costs will be decided later.

Executive summary

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This ruling by a five-judge bench of the Supreme Court of Kenya (Mwilu DCJ, Wanjala, Ndungu, Lenaola, and Ouko SCJJ) unanimously allowed the respondent/applicant's Notice of Motion dated 15th January 2025. The application sought leave to file submissions in rejoinder or expanded submissions of 45 pages, or alternatively to strike out the petitioner/respondent's submissions for non-compliance with Practice Direction No. 12. The respondent/applicant argued that after being granted leave to file submissions out of time, the Deputy Registrar's directions of 10th January 2025 limited their reply to 15 pages, which was unduly restrictive and prejudicial to their right to a fair hearing under Article 50(1) of the Constitution. The petitioner/respondent and interested parties opposed the motion, citing Practice Direction No. 17's 15-page limit and arguing that the application was an afterthought and intended to delay proceedings. The Court held that the grant of leave to file expanded submissions is a question of judicial discretion under Sections 3A and 21 of the Supreme Court Act. Considering the public interest, novelty, and complexity of the issues certified under Article 163(4)(b), the Court exercised its discretion in favour of the respondent/applicant, allowing the motion and ordering that the respondent/applicant file submissions in rejoinder limited to 30 pages within seven days. Costs were ordered to abide the outcome of the appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the respondent/applicant should be granted leave to file submissions in rejoinder to each of the parties' submissions
  2. 2.Whether the respondent/applicant should be granted leave to file expanded submissions totalling to 45 pages
  3. 3.Whether the petitioner/respondent's submissions should be struck out for non-compliance with the Supreme Court (General) Practice Directions no. 12

Key legal issues

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01

Whether the respondent/applicant should be granted leave to file expanded submissions exceeding the 15-page limit under Practice Direction No. 17

Holding

The Court granted leave to file expanded submissions limited to 30 pages, exercising its discretionary powers under Sections 3A and 21 of the Supreme Court Act.

Reasoning

The Court considered that Practice Direction No. 17 limits submissions to 15 pages, but Sections 3A and 21 of the Supreme Court Act confer discretionary powers to grant orders necessary for the administration of justice. Given the public interest, novelty, and complexity of the issues certified under Article 163(4)(b), the Court was persuaded to exercise discretion in favour of the respondent/applicant to ensure justice to all parties.

02

Whether the Deputy Registrar's directions limiting the respondent/applicant to 15 pages should be set aside

Holding

The Court effectively set aside the Deputy Registrar's directions by allowing the motion and granting leave to file 30 pages.

Reasoning

The Court did not directly address the Deputy Registrar's directions but allowed the motion, which sought to challenge those directions. By granting leave to file expanded submissions of 30 pages, the Court implicitly overrode the Deputy Registrar's 15-page limit.

Legal principles established

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  • Courts have discretion to allow longer submissions beyond practice directions.
  • Public interest and complexity of issues justify expanded arguments.
  • Fair hearing under Article 50(1) may require flexibility in procedural limits.
  • Deputy Registrar's directions can be overridden by the court for justice.
  • Costs of procedural motions follow the outcome of the main appeal.

Court orders

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  1. 1.The Notice of Motion dated 15th January 2025 and filed on 16th January 2025 is hereby allowed
  2. 2.The respondent/applicant shall file and serve submissions in rejoinder, limited to thirty (30) pages within seven days from the date of this Ruling

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
William Ouko
W. OukoSCJ
Currently serving
majority
Jurisdiction invoked
Sections 21 and 24 of the Supreme Court Act, 2011 and Rules 3(2), 3(5), 15(1) & (2), 23(3), 31 and 32 of the Supreme Court Rules, 2020

Relief refused

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Leave to file expanded submissions totalling to 45 pages

The Court granted leave but limited the submissions to 30 pages instead of the requested 45 pages

Striking out the petitioner/respondent's submissions for non-compliance with Practice Direction no. 12

The Court did not address this prayer in its orders, effectively refusing it

Costs

Costs shall abide the outcome of the appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The grant of leave to file expanded submissions, (above the fifteen pages limit as per Direction No.17), is ultimately a question of judicial discretion
p. 3 Judicial discretion on page limits
Considering the public interest, novelty and complexity of the issues certified for determination under Article 163(4)(b) of the Constitution, and in the interest of ensuring justice to all the parties, the Court is persuaded to exercise discretion in favour of the respondent/applicant and grant it leave to file expanded submissions.
p. 3 Exercise of discretion for expanded submissions
The Notice of Motion dated 15th January 2025 and filed on 16th January 2025 is hereby allowed
p. 3 Final order allowing the motion
The respondent/applicant shall file and serve submissions in rejoinder, limited to thirty (30) pages within seven days from the date of this Ruling
p. 3 Order on page limit and timeline
Costs shall abide the outcome of the appeal.
p. 3 Costs order

Key timeline

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2025-01-10
Deputy Registrar limits respondent/applicant's reply to 15 pages.
2025-01-16
Respondent/applicant files Notice of Motion seeking expanded submissions.
2025
Supreme Court allows motion, grants 30-page limit for rejoinder submissions.

Practical implications

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For lawyers

Expanded submissions strategy

When handling complex appeals, proactively seek leave for longer submissions by citing public interest, novelty, and complexity. Prepare a strong justification under Sections 3A and 21 of the Supreme Court Act. Monitor Deputy Registrar directions and be ready to challenge restrictive limits.

For businesses

Litigation cost implications

In high-stakes cases, courts may allow more extensive arguments, increasing legal costs. Budget for potential extended briefing and monitor procedural rulings. A successful motion for expanded submissions can delay proceedings but also strengthen your case by allowing fuller argument.

For individuals

Fair hearing protections

If you are a party in a Supreme Court appeal involving public interest, you can request more space to argue your case. Courts can relax procedural rules to ensure your case is fully heard. File a motion explaining why the standard page limit is insufficient for justice.

Frequently asked questions

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What is the page limit for Supreme Court submissions in Kenya?+

Under Practice Direction No. 17, submissions are limited to 15 pages. However, the court can allow more pages if a party shows good reason, such as public interest or complexity of issues.

Can I request longer submissions in my Kenyan Supreme Court case?+

Yes. File a notice of motion explaining why the 15-page limit is insufficient. The court will consider factors like public interest, novelty, and complexity. If granted, you will get a specific page limit and deadline.

What happens if I exceed the page limit without permission in Kenya?+

Your submissions risk being struck out or rejected. Always seek leave first. The court may also order you to refile within the limit, causing delays and potential cost penalties.

How long does the Supreme Court take to rule on motions for expanded submissions in Kenya?+

Rulings are typically issued within days or weeks, depending on the court's schedule. In this case, the motion filed on 16 January 2025 was ruled on promptly, with a seven-day deadline for the rejoinder.

Cite this brief

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Cite this brief

Caselaw, "Barclays Bank of Kenya Limited (Now ABSA Kenya PLC) v Commissioner of Domestic Taxes (Large Taxpayer’s Office); Kenya Bankers Association & another (Interested Parties)", Case Analysis (2025). Petition (Application) 12 (E014) of 2022. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2025/36/eng@2025-05-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.