EN & 6 others v Attorney General & another (Civil Application E277 of 2023) [2024] KECA 380 (KLR)
The bottom line
#Kenya's Court of Appeal gave late appellants more time to file their appeal record because they acted promptly and the court registry never notified them.
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 applicants should be granted an extension of time to file and serve the record of appeal against the High Court judgment of 22nd December 2022
- 2.Whether the applicants' explanation for the delay was plausible and whether their conduct amounted to indolence
Key legal issues
#Whether the delay in filing the record of appeal should be excused
The application for extension of time was allowed because the applicants filed their notice of appeal timeously, applied for proceedings promptly, and were not notified when the proceedings were ready.
The court found that the applicants acted diligently by filing a notice of appeal on 23rd December 2022 and applying for typed proceedings. The proceedings were ready on 28th February 2023 but the applicants were not notified, only discovering readiness on 19th May 2023 upon perusing the court file. They then collected the proceedings and obtained a certificate of delay without delay. The court found no opposition to the application and considered the explanation plausible, concluding the applicants were not indolent.
Legal principles established
#- A party who files a notice of appeal timeously and applies for proceedings with alacrity, and whose delay is attributable to not being notified of the readiness of proceedings, is not an indolent party and may merit an extension of time.
Court orders
#- 1.Extension of time granted to the applicants to file and serve the record of appeal
- 2.The applicants shall file and serve the record of appeal within ten (10) days of the Ruling
- 3.Costs shall be in the intended appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court
- Jurisdiction invoked
- Inherent discretionary power of the Court of Appeal to enlarge time for filing and serving a record of appeal
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.
I am inclined to exercise my discretion in their favour especially as I have not seen any opposition to the application.
I do not see their conduct as that on an indolent party and, their explanation for the delay being plausible, I allow myself to be persuaded thereby, and therefore allow the application as prayed.
The applicants shall file and serve the record of appeal within ten (10) days of this Ruling.
The costs shall be in the intended appeal. Order accordingly.
Issues in the judgment
#The judgment states the High Court judgment was delivered on 22nd December 2022 in one passage and 20th December 2022 in another, an internal inconsistency in dates.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "EN & 6 others v Attorney General & another (Civil Application E277 of 2023) [2024] KECA 380 (KLR)", Case Analysis (2024). Motion dated 5th June 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/380/eng@2024-03-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.