Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in judgment· [2003] KECA 95 (KLR)

George Mukuru Muchai v The Standard Limited

Court of Appeal
10 February 2003
222 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal threw out a late appeal because the litigant waited 16 months without explanation and never ordered the case records.

What this practically means

#

Executive summary

#
This brief concerns a single-judge application in the Court of Appeal for extension of time within which to file an appeal against a decision of the superior court delivered on July 11, 2001. The Notice of Appeal was lodged on July 12, 2001, and under Rule 81(1) of the Court of Appeal Rules an appeal must be instituted within 60 days of that lodgement, giving the applicant until September 12, 2001. The applicant did not file the appeal within that period, and by the time of the application the delay stood at one year and four months. Keiwua JA identified two dispositive matters. First, although the proviso to Rule 81(1) disregards the time taken in making and providing copies of the proceedings, it operates only where such copies have been applied for; the applicant had made no such application, so the proviso could not enlarge his time. Second, the delay was inordinate and had not been explained at all. Holding that he was unable to exercise his discretion in the applicant's favour, the judge dismissed the application with costs on February 10, 2003. The practical consequence is that the July 11, 2001 decision of the superior court stands, no competent appeal having been instituted within the prescribed period. The judgment cites no case law and no provision other than Rule 81(1); its value for future applicants lies in the twin points that the proviso is conditioned on an actual application for copies of the proceedings, and that inordinate, unexplained delay will defeat an extension of time.

Key legal issues

#
01

Whether the proviso to Rule 81(1) of the Court of Appeal Rules applied to extend the time for filing the appeal.

Holding

The proviso did not apply because the applicant never applied for copies of the proceedings; the appeal therefore had to be lodged within 60 days of the lodgement of the Notice of Appeal, that is, by September 12, 2001, and that period had long expired.

Reasoning

Rule 81(1) fixes the ordinary period for instituting an appeal at 60 days from the lodgement of the Notice of Appeal, which here ran to September 12, 2001. The proviso carves out the time taken in making and providing copies of the proceedings, but only where those copies have been applied for. Because the applicant made no such application, there was no period of time to disregard, and the 60-day period ran unbroken against him.

p. 2
02

Whether the discretion to extend time should be exercised in favour of an applicant whose delay is inordinate and unexplained.

Holding

A delay of one year and four months was inordinate and had not been explained at all; the court was unable to exercise its discretion in the applicant's favour and dismissed the application with costs.

Reasoning

The court measured the delay at one year and four months beyond the September 12, 2001 deadline and characterised it as inordinate. More significantly still, the applicant offered no explanation for the delay whatsoever. In the absence of both compliance with the rule-period and any explanation for the default, the judge held that the discretion to extend time could not be exercised in the applicant's favour, and dismissed the application with costs.

p. 2

Legal principles established

#
  • The proviso to Rule 81(1) of the Court of Appeal Rules, which disregards the time taken in making and providing copies of the proceedings, is available only to a party who has actually applied for those copies; absent such an application, the 60-day period for instituting an appeal runs unbroken from the lodgement of the Notice of Appeal.
  • An inordinate delay in filing an appeal which is not explained at all disentitles the applicant to an extension of time, and the discretion to extend time will be refused.

Court orders

#
  1. 1.The application for extension of time within which to file the appeal is dismissed with costs.
On appeal from
Superior court (not otherwise identified in the judgment)
Jurisdiction invoked
Rule 81(1) of the Court of Appeal Rules and its proviso, governing the 60-day period for instituting an appeal and the exclusion of time taken to provide copies of the proceedings

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "George Mukuru Muchai v The Standard Limited", Case Analysis (2003). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2003/95/eng@2003-02-10

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