George Mukuru Muchai v The Standard Limited
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
#Key legal issues
#Whether the proviso to Rule 81(1) of the Court of Appeal Rules applied to extend the time for filing the appeal.
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.
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.
Whether the discretion to extend time should be exercised in favour of an applicant whose delay is inordinate and unexplained.
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.
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.
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.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.