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Court of AppealDismissedNot stated in judgment

MACHARIA KARUGU I vs CHEGE MACHARIA [1999] KECA 139 (KLR)

Court of Appeal of Kenya
25 October 1999
ALA.A. Lakha
168 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to extend time to appeal because the applicant offered no explanation for a nearly year-long delay.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nairobi, delivered by Lakha, JA on 25th October 1999, on an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and a record of appeal out of time. The judgment sought to be appealed was delivered on 13th October 1997, and no notice of appeal was filed within the prescribed period. The court noted that even on the applicant's own basis - that counsel, Mr. Mwihia, was instructed in February 1998 - the application was not filed until 4th September 1998, after the proceedings had been viewed in July 1998. The court characterised this as a long delay for which no explanation was offered. In the circumstances, Lakha, JA declined to exercise the discretion to extend time and dismissed the application with costs. The ruling does not name the parties, the case number, or the decision intended to be appealed, and cites no authorities. Its operative principle is that an applicant under rule 4 must satisfactorily explain any delay, and that a long and unexplained delay is a proper ground for refusing an extension. The decision below was not disturbed; the ruling concerns only the procedural gateway to an 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 applicant should be granted an extension of time to file a notice of appeal and a record of appeal out of time
  2. 2.Whether the delay in filing the application was sufficiently explained

Key legal issues

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01

Extension of time where delay is long and unexplained

Holding

The discretion to extend time was refused because the delay from the judgment of 13th October 1997 to the application of 4th September 1998 was long and unexplained.

Reasoning

The judgment intended to be appealed was delivered on 13th October 1997 and no notice of appeal was filed within the prescribed time. Even reckoning from the applicant's alleged instruction of counsel in February 1998, the application was not filed until 4th September 1998. The court found no explanation for this long delay and declined to exercise its discretion in the applicant's favour.

p. 2

Legal principles established

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  • An applicant for extension of time under rule 4 must explain the delay; a long, unexplained delay justifies refusal of the discretion to extend time.

Court orders

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  1. 1.The application for extension of time is dismissed with costs

The bench

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

AL
majority

Wrote the judgment

Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

Relief refused

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Extension of time to file a notice of appeal and a record of appeal

Long and unexplained delay between the judgment of 13th October 1997 and the application filed on 4th September 1998

p. 2

Costs

The application is dismissed with costs (costs awarded against the applicant).

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.

This is a long delay which has not been explained.
p. 2Unexplained delay
In these circumstances I have no alternative but to refuse to exercise my discretion. The application is dismissed with costs.
p. 2Final orders - dismissal of extension of time application

Issues in the judgment

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minor

The judgment does not state the case number, the parties' names, or the court/decision below; it is a short ex tempore ruling on an extension of time application.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "MACHARIA KARUGU I vs CHEGE MACHARIA [1999] KECA 139 (KLR)", Case Analysis (1999). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/139/eng@1999-10-25

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