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Court of AppealAllowedCivil Application dated 4th November 2024 (in the pending appeal)· [2025] KECA 958 (KLR)

The County Government of Kirinyaga & 1 other v Kenya Medical Practitioners, Pharmacists & Dentists Union & 23 Others

Court of Appeal of Kenya
2 May 2025
1,528 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal gave Nyeri County Government more time to deposit court-ordered funds because delayed Treasury payments, not neglect, caused the missed deadline.

What this practically means

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Executive summary

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The applicants, who had been granted a conditional stay of execution by the Court of Appeal on 20th September 2024 on condition that they deposit Kshs.500,000/= as security for costs within 30 days, sought reinstatement of the stay and enlargement of time after failing to comply. The stay had lapsed automatically on non-compliance. The application was brought under rules 4, 5(2)(b), 43, 44, 49, 51, 55 and 56 of the Court of Appeal Rules. The applicants, a county government dependent on National Treasury disbursements, explained that the exchequer releases for September to November 2024 were delayed, making timely compliance impossible through no fault of their own. The respondents opposed, arguing unclean hands and non-disclosure of a similar order allegedly granted in ELRC No. E002 of 2023, though they dropped the challenge to the validity of the reasons for the delay. The Court restated the Supreme Court's principles in Salat on extension of time, holding that extension is a discretionary, equitable remedy requiring the applicant to lay a basis and satisfactorily explain the delay, and that the same principles govern extension of time to comply with a Court order as govern extension to file an appeal out of time. Satisfied that the delay in disbursement of exchequer was a plausible, reasonable and satisfactory explanation beyond the applicants' control, that the arguable-appeal position was unchanged, and that the application was made without undue delay, the Court allowed the application and granted the applicants 14 days to deposit the sum ordered. Costs of the application were made to abide the outcome of the appeal.

Key legal issues

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01

Whether the applicants explained the delay in complying with the conditional stay order

Holding

The delay caused by non-disbursement of exchequer was a reasonable and satisfactory explanation beyond the applicants' control, entitling them to an extension of time.

Reasoning

The Court applied the Salat extension-of-time principles: extension of time is discretionary and equitable, requiring the applicant to lay a basis and show absence of fault. The applicants, dependent on National Treasury disbursements, showed that funds for September–November 2024 were released too late for the 30-day compliance window. The Court found the explanation plausible, reasonable and satisfactory, that the applicants moved without undue delay, and that the underlying finding of an arguable appeal stood unchanged.

p. 3
02

Whether the applicants' discretion to extend time is fettered

Holding

The power to extend time is discretionary, not an absolute right, and is considered case by case on the Salat conditions.

Reasoning

Restating the Supreme Court's Salat conditions, the Court confirmed that extension of time is an equitable remedy available to a deserving party, that the burden lies on the applicant to lay a basis, that prejudice to the respondent must be considered, and that undue delay in making the application is a factor. These conditions were applied directly to an extension of time to comply with a Court order rather than to file an appeal.

p. 3

Legal principles established

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  • The principles applicable to an application for extension of time to file an appeal out of time are the same as those applicable to extension of time to comply with an order of the Court; the applicant must lay a basis and explain the delay to the satisfaction of the Court.

Court orders

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  1. 1.The application dated 4th November 2024 is granted as prayed in terms of prayer 2 and 3
  2. 2.The applicants will have 14 days within which to deposit the sum ordered by the Court in its ruling of 20th September 2024
  3. 3.The costs of the application shall abide the outcome of the appeal
Jurisdiction invoked
Rules 4, 5(2)(b), 43, 44, 49, 51, 55 and 56 of the Court of Appeal Rules (extension of time and reinstatement of stay)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "The County Government of Kirinyaga & 1 other v Kenya Medical Practitioners, Pharmacists & Dentists Union & 23 Others", Case Analysis (2025). Civil Application dated 4th November 2024 (in the pending appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/958/eng@2025-05-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.