Geo Chem Middle East v Kenya Bureau of Standards
The bottom line
#Court grants extension to file appeal due to slow court processes, not applicant's fault.
What this practically means
#The Supreme Court allowed an application to file a Supplementary Record of Appeal late. The delay happened because the applicant could not get the Judge's notes on time due to slow court administration. The court found this was a reasonable excuse and that the other side would not be unfairly harmed. The applicant must file the documents within three days, and each side pays its own costs.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Appellant/Applicant has given sufficient reasons for the delay in filing the Supplementary Record of Appeal
- 2.Whether the application for extension of time should be granted
Key legal issues
#Whether the Appellant/Applicant provided sufficient reasons for the delay in filing the Supplementary Record of Appeal.
Yes, the explanation given by the Appellant/Applicant is reasonable.
The Court found that the delay was occasioned by the inability to obtain Judges' notes, which were not available at the time of filing the appeal, and that three letters were inadvertently omitted from the Record of Appeal. The Court noted that the failure to obtain Judges' notes timeously could not be blamed on the Appellant/Applicant but on slow administrative Court processes. Additionally, the Court saw no prejudice to the Respondent as the three letters sought to be admitted had been in its custody in proceedings before the Superior Courts below.
Legal principles established
#- An applicant for extension of time must give sufficient reasons for any delay.
- The length of delay is an important factor in the court's decision to grant or deny extension.
- Delay caused by slow administrative court processes is not the applicant's fault.
- No prejudice to the other party supports granting an extension of time.
- Each party bears its own costs unless there is a reason to order otherwise.
Court orders
#- 1.The Notice of Motion by the Appellant/Applicant dated 11th September 2020 and filed on 14th September 2020 is hereby allowed
- 2.The Supplementary Record of Appeal shall be filed and served within 3 days of this Ruling
- 3.Each party shall bear its costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Rule 40(4) of the Supreme Court Rules, 2010
Quotable passages
#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 Notice of Motion by the Appellant/Applicant dated 11th September 2020 and filed on 14th September 2020 is hereby allowed
the principles for grant of an order of extension of time are that an Applicant must give sufficient reasons for any delay and that the period of delay is nonetheless an important consideration in the Court’s exercise of discretion to grant or deny the extension
failure to obtain Judges’ notes timeously cannot be blamed on the Appellant/Applicant but on slow administrative Court processes
Key timeline
#Practical implications
#Use court delays as excuse
When seeking extension of time, clearly document that the delay was due to slow court processes (e.g., obtaining judges' notes). This ruling shows the Supreme Court accepts such reasons as reasonable. Attach evidence of your requests to the court registry to strengthen your application.
Court delays won't hurt your case
If you miss a filing deadline because the court system was slow (e.g., you couldn't get required documents), you can ask for more time. The court will consider your explanation fairly. However, act quickly once you get the documents—you only have 3 days to file after the extension is granted.
Don't be penalized for court slowness
If you are appealing a case and the court itself causes a delay (like not providing judges' notes on time), you can apply for extra time to file your documents. The Supreme Court will not blame you for such delays. But you must explain the reason clearly in your application and show you acted in good faith.
Frequently asked questions
#Can I get an extension of time to file an appeal in Kenya if the court caused the delay?+
Yes. The Supreme Court ruled that if the delay is due to slow administrative court processes (like getting judges' notes), that is a reasonable excuse. You must apply for extension and explain the reason clearly.
What happens if I miss a filing deadline in a Kenyan appeal?+
You can file an application for extension of time under Rule 40(4) of the Supreme Court Rules. The court will consider your reasons for delay and whether the other side will be prejudiced. If your reasons are reasonable, the court may grant the extension.
Does the other party have to pay my costs if I win an extension of time in Kenya?+
Not necessarily. In this case, the court ordered each party to bear its own costs. This means you pay your own legal fees even if you win the extension. The court has discretion on costs.
How long do I have to file documents after getting an extension in the Supreme Court of Kenya?+
The court will specify the deadline in its order. In this case, the applicant had to file the Supplementary Record of Appeal within 3 days of the ruling. Always check the court's order for the exact timeline.
Cite this brief
#Cite this brief
Caselaw, "Geo Chem Middle East v Kenya Bureau of Standards", Case Analysis (2020). Petition 47 of 2019. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2020/12/eng@2020-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.