Kenya United Steel Company (2022) Limited v Ahmed & another (Civil Appeal (Application) E141 of 2022) [2025] KECA 854 (KLR)
The bottom line
#Kenya's Court of Appeal dismissed a 20-month-delayed application because the applicant never explained when he first learned of the appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in seeking leave to file a striking-out application out of time was excusable
The application fails because the applicant did not disclose when he became aware of the notice of appeal or record of appeal, so the court cannot assess whether the delay is excusable or inordinate
The court applied the Fakir Mohamed criteria for extension of time. A critical factor is the length of the delay and whether it is explained to the court's satisfaction. The 2nd respondent sought leave roughly 20 months after the record of appeal was filed, yet did not state when he first became aware of the appeal. Without that information the court cannot weigh the delay; the omission is fatal to the application.
The scope of Rule 86 striking-out applications
Rule 86 permits a person affected by an appeal to apply to strike out a notice of appeal or appeal at any time on limited grounds, but an application may not be brought more than 30 days after service of the notice of appeal or record of appeal
The court set out the text of Rule 86, including the proviso barring applications brought after the expiry of 30 days from service of the notice of appeal or record of appeal. The appellant contended no room exists to enlarge that time; the court's determination rested instead on the applicant's failure to explain his own delay in seeking leave.
Legal principles established
#- The discretion to extend time under Rule 4 must be exercised judiciously, weighing the length of delay, explanation, prejudice, undue delay and public interest.
Court orders
#- 1.The Notice of Motion dated 11th October, 2024 is dismissed
- 2.Costs to the appellant
- On appeal from
- Environment and Land Court
- Mombasa ELC Civil Suit No. 470 of 2011
- Jurisdiction invoked
- Inherent discretion under Rule 4 of the Court of Appeal Rules (application for extension of time / leave to file out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya United Steel Company (2022) Limited v Ahmed & another (Civil Appeal (Application) E141 of 2022) [2025] KECA 854 (KLR)", Case Analysis (2025). Civil Application (Mombasa ELC Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/854/eng@2025-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.