The County Government of Kirinyaga & 1 other v Kenya Medical Practitioners, Pharmacists & Dentists Union & 23 Others
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the applicants explained the delay in complying with the conditional stay order
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.
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.
Whether the applicants' discretion to extend time is fettered
The power to extend time is discretionary, not an absolute right, and is considered case by case on the Salat conditions.
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.
Legal principles established
#- 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
#- 1.The application dated 4th November 2024 is granted as prayed in terms of prayer 2 and 3
- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.