Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in the judgment· [2025] KECA 1654 (KLR)

Mandera County Government v Abdullah Sheikh

Court of Appeal of Kenya
9 October 2025
580 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal dismissed an appeal extension request because it cited the wrong procedural rules and offered no evidence explaining the delay.

What this practically means

#

Executive summary

#
This is a single-judge ruling of the Court of Appeal at Nairobi delivered by P. O. Kiage, JA, on 9 October 2025, dismissing a motion dated 19 April 2022 in which Adan Kullow sought a stay of execution of a judgment delivered by E. C. Cherono on 27 November 2020 and leave to appeal out of time. The Court held the motion was an incompetent omnibus application: it sought disparate orders tenable before different set-ups of the Court, cited no provision of the Court of Appeal Rules, and instead purported to invoke Order 42 Rule 6(1) and Order 51 Rule 1 of the Civil Procedure Rules, which are wholly inapplicable before the Court of Appeal. The stay prayer was maintainable only before the full Court under Rule 5(2)(b) and Rule 55(2)(b), while the extension-of-time prayer fell under Rule 4 to be heard by a single judge under Rule 55(1); a motion mixing both was an 'embarrassing pleading' liable to be struck out. Even assuming severance, the application failed on substance: ground 6 blamed delay on the lower court's failure to furnish certified copies of the judgment, but the supporting affidavit contained no sworn explanation of the delay. The Court reaffirmed that an applicant for discretionary relief must place material before the Court; without it, the plea must fail. The motion, in so far as it sought enlargement of time, was dismissed. No costs order appears in the judgment.

Key legal issues

#
01

Competence of an omnibus motion before the Court of Appeal

Holding

The motion was a candidate for striking out as it sought disparate orders tenable before different set-ups of the Court and cited no Court of Appeal Rules provision

Reasoning

The motion mixed a full-Court prayer under Rule 5(2)(b) (heard under Rule 55(2)(b)) with a single-judge prayer under Rule 4 (heard under Rule 55(1)), and invoked Civil Procedure Rules instead of the Court of Appeal Rules. Such a pleading is procedurally defective even if severance were possible.

p. 1
02

Evidentiary basis for extension of time

Holding

A bald assertion that delay was caused by the lower court's failure to furnish certified copies, unsupported by sworn averments or documents, cannot justify enlargement of time

Reasoning

The supporting affidavit of Adan Kullow contained no explanation of the delay. Ground 6 merely asserted the lower court's delay without evidence. Absent material, the Court cannot exercise discretion on guesswork, and the plea for discretionary favour must fail.

p. 2

Legal principles established

#
  • Applications before the Court of Appeal must invoke the Court of Appeal Rules; Civil Procedure Rules provisions such as Order 42 Rule 6(1) and Order 51 Rule 1 are inapplicable as procedural or jurisdictional hooks before that Court
  • A motion combining prayers grantable by a single judge and by the full Court is incompetent and liable to be struck out
  • An applicant seeking discretionary relief such as extension of time must place evidentiary material before the Court explaining the delay; bald grounds without sworn averments must fail

Court orders

#
  1. 1.The motion in so far as it seeks enlargement of time is dismissed
On appeal from
High Court of Kenya
Not stated
Jurisdiction invoked
Court of Appeal Rules - Rules 4, 5(2)(b) and 55(1) and (2)(b)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Mandera County Government v Abdullah Sheikh", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1654/eng@2025-10-09

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