YOON SIKO vs SEBASTIAN KATHILU [1998] KECA 72 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that the Christmas vacation period doesn't count when calculating appeal deadlines, so the applicant wasn't actually late.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant was out of time in filing the application, taking into account the exclusion of the Christmas vacation period from the reckoning of time
- 2.Whether there was inordinate delay by the applicant
- 3.Whether extension of time to file the appeal should be granted
Key legal issues
#Whether the applicant's application for extension of time was necessary and whether there was inordinate delay
The applicant was not out of time because the Christmas vacation period is excluded from the computation of time, and no inordinate delay was found; the application was granted with the appeal to be filed within 21 days.
The court computed the relevant time for lodging the appeal, noting that the Christmas vacation period must be excluded from the reckoning of time. On that computation, the applicant, who filed the notice of appeal on 29.9.97, obtained proceedings on 24.11.1997 and filed the application on 23.1.1998, was in fact within time. The filing of the application reflected counsel's caution rather than delay. The court therefore found no inordinate delay and granted the extension as a precaution.
Legal principles established
#- The Christmas vacation period is excluded from the reckoning of time for lodging an appeal, so a party who files within the effective period is not out of time.
Court orders
#- 1.The application is granted
- 2.The applicant shall file the appeal within 21 days
- 3.Costs of the application to follow the final result of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal to extend time for lodging an appeal (provision not stated in the judgment)
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.
He was well within time to lodge the appeal without this application considering that xmas vacation period is to be excluded from the reckoning of time.
I do not find any inordinate delay on the part of the applicant except that on the other hand his counsel was extra cautious.
I grant the application and order that the applicant shall file the appeal within 21 days.
Costs of the application to follow the final result of the appeal.
Issues in the judgment
#The judgment does not state the case number, the parties' names, or the decision/appeal from which the extension of time was sought; the record appears to be an extract of the ruling only.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "YOON SIKO vs SEBASTIAN KATHILU [1998] KECA 72 (KLR)", Case Analysis (1998). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/72/eng@1998-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.