Edward Kimiti Kahiu v Henry Njoroge Kamau
The bottom line
#Kenya's Court of Appeal allowed a landowner to appeal late because the court registry, not him, caused the three-year delay in providing court records.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the record of appeal was excusable
Yes - the delay was substantially attributable to the court's failure to supply typed proceedings and judgment in a timely fashion, and the notice of appeal was filed promptly.
The applicant filed notice of appeal within the prescribed period and immediately requested certified proceedings. Numerous unchallenged reminders to the Deputy Registrar were exhibited. The proceedings were only certified on 21st December 2016 and the judgment on 2nd March 2017. The court found the delay substantially caused by the registry, not the applicant, and declined to hold the intended appeal worthless.
Legal principles established
#- In deciding whether to extend time for appealing, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
- The enumerated factors for extension of time are not closed; the discretion is exercised flexibly according to the circumstances of each case.
Court orders
#- 1.Prayer 1 of the application granted - leave to file and serve the record of appeal out of time
- 2.The applicant to file and serve the memorandum of appeal and record of appeal within 45 days from the date of delivery of the ruling
- 3.Costs of the application to abide the outcome of the intended appeal
- On appeal from
- Environment and Land Court
- Not stated
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal to extend time for filing an appeal under the Court's rules (specific rule not cited in the extract)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Edward Kimiti Kahiu v Henry Njoroge Kamau", Case Analysis (2018). Civil Application (record of appeal out of time) following Environment and Land Court judgment of 21st November 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/30/eng@2018-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.