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Court of AppealDismissedNot stated in the judgment· [2025] KECA 1418 (KLR)

John Kikirong Sang v Rose Letting (suing As Legal Representative of Josphat Letting - Deceased) & 1 other

Court of Appeal of Kenya
31 July 2025
PKP. O. Kiage
513 words in judgment
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The bottom line

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Kenya's Court of Appeal confirmed you cannot use Rule 5(2)(b) to fast-track an appeal; priority hearings must be sought differently.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nakuru (P. O. Kiage, JA) delivered on 31st July 2025 on an application dated 8th July 2024 by the appellant, John Kipkirong Sang, asking the Court to prioritize the hearing and determination of his pending appeal over other appeals filed earlier, on the ground of serious medical challenges supported by a medical report. The Judge found the application puzzling because it was expressed to be brought under Rule 5(2)(b) of the Court of Appeal Rules 2010 - rules that had in any event been revoked and replaced by the 2022 Rules with effect from 11th March 2022. Rule 5(2)(b) donates jurisdiction for interim orders of injunction, stay of execution or stay of proceedings pending appeal, none of which was sought. The court held that the Rules contain no provision for certifying an appeal as urgent; appeals are listed on a first-in first-out basis, and a full bench may order a priority hearing in the context of a properly brought Rule 5(2)(b) application. Alternatively, a party may seek an expedited hearing informally by letter to the Presiding Judge of a Station or Division or to the President of the Court, who may grant it at absolute discretion. Because the application had no legal basis under the rule invoked and no showing was made that the relief sought was grantable by a single Judge, the application was dismissed with no order as to costs. The decision binds no issue for determination below and does not disturb any decision on the substantive appeal, which remains pending.

Key legal issues

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01

Whether a single Judge may order priority hearing of an appeal under Rule 5(2)(b)

Holding

The application was disallowed because Rule 5(2)(b) does not accommodate a prayer for priority hearing, and no basis was shown that such an order is grantable by a single Judge

Reasoning

The court observed that Rule 5(2)(b) exists to grant interim relief pending appeal - injunctions, stay of execution or stay of proceedings - none of which was sought. The Rules contain no mechanism for certifying an appeal as urgent. The established practice is first-in first-out listing, with priority achievable only by a full bench in a properly brought Rule 5(2)(b) application, or informally through the Presiding Judge of a Station or Division or the President of the Court exercising absolute discretion. The application therefore had no legal home.

p. 2

Legal principles established

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  • Rule 5(2)(b) of the Court of Appeal Rules donates jurisdiction only for interim orders of injunction, stay of execution or stay of proceedings pending appeal, and cannot be invoked to seek a priority hearing of an appeal
  • There is no rule permitting certification of an appeal as urgent; appeals are heard first-in first-out, and priority may be ordered by a full bench or sought informally from the Presiding Judge or President of the Court

Court orders

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  1. 1.The application dated 8th July 2024 seeking priority hearing of the pending appeal is dismissed with no order as to costs
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules 2010, invoked by the applicant

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, "John Kikirong Sang v Rose Letting (suing As Legal Representative of Josphat Letting - Deceased) & 1 other", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1418/eng@2025-07-31

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