Rono (Sued as the Legal Representative of the Estate of Sofia Tamarta - Deceased) & another v Lagat; Kipkoech (Sued as the Legal Representative of the Estate of Helen Jeptum Rono) (Interested Party) (Civil Application E009 of 2024) [2024] KECA 627 (KLR)
The bottom line
#Kenya's Court of Appeal allowed landowners to file their eviction appeal late, ruling a short, explained delay caused by their former lawyer shouldn't punish 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 delay of about 6 days in filing the notice of appeal and record of appeal should be excused under rule 4
- 2.Whether the delay was explained and whether mistakes of counsel should be visited on innocent litigants
- 3.Whether the intended appeal is arguable and whether the respondent would be prejudiced
Key legal issues
#Extension of time under rule 4 where the delay is attributable to an advocate
A short, explained delay of approximately 6 days occasioned by an advocate's default was not inordinate, and the discretion was exercised in favour of the applicants where they diligently pursued their case and engaged new counsel.
The court applied the Leo Sila Mutiso factors. The notice of appeal was due on 14th December 2023 but was filed on 11th January 2024. The 1st applicant followed up at the registry, discovered the default, and appointed new advocates. This distinguished the case from mere inaction by a client; the delay was not inordinate and was explained.
Legal principles established
#- A single judge's discretion under rule 4 is wide but must be exercised judiciously, considering the length of and reasons for the delay, arguability of the appeal, and prejudice to the respondent.
Court orders
#- 1.The application dated 28th February 2024 is allowed
- 2.The notice of appeal and record of appeal be filed and served within 14 days from the date of delivery of the ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court at Kapsabet
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (single judge's discretion to extend time)
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.
In the circumstance I am inclined to exercise my discretion in favour of the applicants, which I hereby do. Consequently, I allow the application and direct that the notice of appeal and record of appeal be filed and served within 14 days from the date of delivery of this ruling.
The delay is approximately 6 days. In my view, this delay is not inordinate and has been explained.
Issues in the judgment
#Parties are not named; the judgment refers only to 'the applicants', 'the respondent' and 'the interested party', so the case title cannot be stated.
The judgment inconsistently describes the notice of appeal as filed 11th January 2024 (stated as a delay of about 29 days) yet later assesses the delay as approximately 6 days, without reconciling the two figures.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rono (Sued as the Legal Representative of the Estate of Sofia Tamarta - Deceased) & another v Lagat; Kipkoech (Sued as the Legal Representative of the Estate of Helen Jeptum Rono) (Interested Party) (Civil Application E009 of 2024) [2024] KECA 627 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/627/eng@2024-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.