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Court of AppealDismissedApplication dated 20th December 2024 (arising from High Court HCCOMMISC No. E197 of 2024)· [2025] KECA 1579 (KLR)

Rockstocks Holding Limited v Nanyuki Ranching Limited (Civil Application E722 of 2024) [2025] KECA 1579 (KLR)

Court of Appeal of Kenya
3 October 2025
DMD. K. Musinga
1,196 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to forgive a 142-day filing delay, confirming that waiting for certified court copies is not a valid excuse.

What this practically means

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Executive summary

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This was an interlocutory application in the Court of Appeal, Nairobi, decided by D. K. Musinga, JA (President), seeking extension of time to file an application for leave to appeal from a High Court ruling (Mabeya, J.) in HCCOMMISC No. E197 of 2024, which set aside an arbitral award of Kshs.70 million plus interest and costs arising from a sale and purchase agreement for land in Nanyuki. The applicant attributed its 142-day delay to administrative delays in obtaining certified copies of the ruling. The court held that rule 45(3)(a) of the Court of Appeal Rules requires only a copy of the decision, not a certified copy, and that the ruling was available on the Judiciary Case Tracking System on the day of delivery, so the delay was inordinate and unexplained; the applicant also waited a further 11 days after withdrawing its earlier out-of-time application. Applying the Salat extension-of-time factors and the Nyutu Agrovet threshold for leave to appeal against setting aside of arbitral awards, the court found the applicant had not shown exceptional reasons, that the High Court judge travelled outside section 35(2) and (3) of the Arbitration Act, or that the decision was manifestly wrong or closed the doors of justice. The application was dismissed with costs to the respondent.

Key legal issues

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01

Whether the delay of 142 days in filing the application for leave to appeal was excusable

Holding

There was inordinate delay that was not sufficiently explained; the claimed 'administrative delays' in obtaining certified copies is not a valid reason because rule 45(3)(a) does not require a certified copy, and the ruling was available on the Case Tracking System on the day of delivery

Reasoning

Rule 45(3)(a) requires only a copy of the decision, not a certified copy, and rule 45(4) permits late filing of such documents at least 24 hours before the hearing. The ruling was uploaded on the Judiciary Case Tracking System on 31st July 2024, so nothing prevented the applicant from filing within 14 days. Even after withdrawing its out-of-time application on 9th December 2024, the applicant waited a further 11 days.

p. 3
02

Whether the intended application for leave to appeal meets the Nyutu Agrovet threshold

Holding

It does not; the applicant did not set out exceptional reasons, nor show that the judge travelled outside section 35(2) and (3) of the Arbitration Act, or that the decision was so grave and manifestly wrong or closed the doors of justice

Reasoning

Appeals from decisions setting aside arbitral awards require leave, granted only in exceptional circumstances per Nyutu Agrovet. The applicant merely asserted errors in the High Court's finding that the arbitrator rewrote the contract, without demonstrating that the judge exceeded the narrow grounds under section 35 of the Arbitration Act or produced a manifestly wrong decision.

p. 3

Legal principles established

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  • Under rule 45(3)(a) of the Court of Appeal Rules, an application for leave to appeal need only be accompanied by a copy of the decision (where practicable), not a certified copy; delay in obtaining certified copies does not excuse delay in filing
  • An application for leave to appeal against a decision setting aside an arbitral award must establish exceptional reasons, that the judge travelled outside section 35(2) and (3) of the Arbitration Act, or that the decision is so grave and manifestly wrong or has closed the doors of justice
  • The length of delay per se does not disentitle an applicant; what is critical is whether there are good reasons for the delay

Court orders

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  1. 1.The application for extension of time to file and serve an application for leave to appeal is dismissed
  2. 2.The applicant to pay costs of the application to the respondent
On appeal from
High Court of Kenya
HCCOMMISC No. E197 of 2024
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (discretion to extend time for doing any act authorized or required by the Rules)

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, "Rockstocks Holding Limited v Nanyuki Ranching Limited (Civil Application E722 of 2024) [2025] KECA 1579 (KLR)", Case Analysis (2025). Application dated 20th December 2024 (arising from High Court HCCOMMISC No. E197 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1579/eng@2025-10-03

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