Christopher Kipkorir Lebo & 331 Others & 331 Others & 331 v Kenya Power & Lighting Limited
The bottom line
#Kenya's Court of Appeal refused to strike out an appeal, holding that time spent preparing proceedings—confirmed by a certificate of delay—doesn't count against appeal filing deadlines.
What this practically means
#Executive summary
#Key legal issues
#Computation of the 60-day period for filing a record of appeal where certified proceedings were sought
Where an application for typed proceedings is made and a certificate of delay issued, the time taken to prepare the proceedings is excluded; time starts running when the proceedings are certified ready, and the appeal was filed within the prescribed time.
Rule 84 provides that the documents for computing or excluding time are the application for a copy of the proceedings and the registrar's certificate. The Court adopted its own precedents (Michael Mwalo, Mombasa Water Products, Kenya Ports Authority) holding that certified preparation time is excluded. Since proceedings were certified ready on 23rd March 2023 and the record was filed on 23rd May 2023, the filing was within time. The applicant's argument that no certificate was needed because proceedings were ready within 60 days was rejected.
Omission of the decree from the record of appeal
An incomplete record renders an appeal defective, but the Court declined to strike out the appeal because the respondents had filed an application to have their supplementary record of appeal deemed duly filed, which remained uncanvassed and whose fate the Court would not predetermine.
The applicant contended that the absence of a certified decree rendered the appeal incompetent, relying on Bwana Mohamed Bwana. However, Rule 90 permits an appellant to include an omitted document in a supplementary record of appeal within fifteen days, or thereafter with leave. The respondents' application dated 25th March 2024 seeking to deem the supplementary record filed was pending and undecided; striking out the appeal would pre-empt that application.
Legal principles established
#- The time certified in a certificate of delay for preparing proceedings is excluded in computing the 60-day period for instituting an appeal, and time starts running only when the proceedings are certified ready.
- A certificate of delay is prima facie evidence of the time the court took to prepare and deliver proceedings and will be relied upon unless cogent reasons are shown to challenge it.
- An appeal from which requisite documents are omitted is incompetent, but a court will not strike out an appeal where the appellant may yet be permitted to file a supplementary record of appeal.
- Timelines in the Court of Appeal Rules are indispensable and command obedience.
Court orders
#- 1.The application dated 22nd June 2023 seeking to strike out the respondents' appeal is rejected
- 2.Each party will bear its own costs of the application
- On appeal from
- Superior court (trial court, not further identified)
- Jurisdiction invoked
- Rules 86(b) and 89(1)(h) of the Court of Appeal Rules, 2022 (interlocutory application; not a further appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kinyanjui v Joreth Limited & 2 others (Enviromental and Land Originating Summons 1189 of 2014) [2025] KEELC 3332 (KLR)[2025] KEELC 3332 (KLR)24 Apr 2025
Cite this brief
#Cite this brief
Caselaw, "Christopher Kipkorir Lebo & 331 Others & 331 Others & 331 v Kenya Power & Lighting Limited", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1518/eng@2024-10-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.