Simon Maritim Towett v Jotham Muiruri Kibaru & 1 other
The bottom line
#Kenya's Court of Appeal allowed a litigant to file his appeal late, ruling that a lawyer's mistakes should not punish a client who acted diligently.
What this practically means
#Executive summary
#Key legal issues
#Whether mistakes of counsel constitute good cause for extension of time
Mistakes or inadvertence of counsel should not be visited upon an innocent litigant who has diligently pursued the appeal.
The applicant filed the Notice of Appeal and requested typed proceedings promptly on 24th January 2023, demonstrating diligence. The delay of one month in filing the record of appeal flowed from counsel's inadvertence, including an earlier incompetent application that had to be withdrawn. The court held it would be manifestly unjust to penalise the litigant for his advocate's errors, and granted the extension without costs.
Whether a one-month delay is inordinate
A delay of one month, satisfactorily explained, is not inordinate.
The court applied the Rule 4 factors and found the delay was short, explained by counsel's inadvertence, and that no prejudice was alleged since the record had been served on the respondent. Diligence by the litigant weighed in favour of extension.
Legal principles established
#- The power to extend time under Rule 4 is discretionary and must be exercised judicially on good cause, considering the length and reason for delay, prejudice to the respondent, and the demands of justice.
Court orders
#- 1.Leave granted to file the record of appeal out of time (application allowed)
- 2.No orders as to costs
- Jurisdiction invoked
- Rule 4, Rule 44, Rule 49, Rule 84 and Rule 5(2)(b) of the Court of Appeal Rules 2022 and Section 3A and 3B of the Appellate Jurisdiction Act, Cap 9
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Trustees Anglican Church of Kenya & 6 others v Kafuta & 7 others (Environment and Land Appeal E069 of 2025) [2026] KEELC 1908 (KLR)[2026] KEELC 1908 (KLR)12 Mar 2026
- Ignatius Choge Mwangi v Adason Ole Minis & 6 others[2026] KECA 597 (KLR)10 Mar 2026followed
- Mitsumi Computer Garage Ltd v Freight In Time Ltd & 4 others[2026] KECA 246 (KLR)13 Feb 2026
Cite this brief
#Cite this brief
Caselaw, "Simon Maritim Towett v Jotham Muiruri Kibaru & 1 other", Case Analysis (2025). Application dated 2nd October 2024 (Court of Appeal, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1650/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.