Nderitu v Nderitu (Civil Application E116 of 2025) [2025] KECA 1708 (KLR)
The bottom line
#The Court of Appeal dismissed a late application for leave to appeal in a family estate dispute because it was filed beyond the 14-day deadline with no explanation for the delay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant brought the application for leave to appeal as required by the Court of Appeal Rules, particularly rule 41
Key legal issues
#Compliance with the 14-day timeline in rule 41 of the Court of Appeal Rules for an application for leave to appeal following refusal of leave by the superior court
The application dated 11th June, 2025, filed more than 14 days after the refusal of leave by the High Court on 6th May, 2025, was out of time, and the applicant's failure to explain the non-compliance justified dismissal of the application
The ruling intended to be appealed was delivered on 6th May, 2025, with leave refused, apparently upon an informal application. Rule 41(1)(b)(ii) then requires the applicant to approach the Court of Appeal for leave within fourteen days of that refusal. The Motion was dated 11th June, 2025, well outside that window. Even considering the Motion on merit, the applicant was required to explain the non-compliance with the timeliness set in law; no explanation was given, so the Court could not exercise its discretion in her favour.
Legal principles established
#- Where an application for leave to appeal has been made to the superior court and refused, an application for leave to the Court of Appeal under rule 41(1)(b)(ii) must be made within fourteen days after such refusal, and non-compliance must be explained before the Court exercises its discretion in the applicant's favour
Court orders
#- 1.The application for leave to appeal is dismissed with costs to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya (succession cause)
- Succession Cause No. 242 of 1997 In the matter of the Estate of Nderitu Kanyi alias Moses Nderitu Kanyi (deceased)
- Jurisdiction invoked
- Sections 3, 3A and 3B of the Appellate Jurisdiction Act and Rules 4, 41, 43, 44, 45, 47 and 49 of the Court of Appeal Rules (application for leave to appeal in a civil matter)
Relief refused
#Leave to appeal against the ruling of Kizito, J. delivered on 6th May, 2025, and deemed filing of the notice of appeal dated 6th May, 2025
The application was filed out of the 14-day period prescribed by rule 41 of the Court of Appeal Rules, and no explanation for the delay was offered
Costs
I find the application to have no merit and I dismiss it with costs to the respondent.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
My understanding of rule 41 of our rules is that the applicant should then have approached this Court for leave to appeal within 14 days of such refusal.
Even if I was to consider the Motion on merit I would still have to be told why the 14 days period required by rule 41 to approach this Court was not met or complied with.
I find the application to have no merit and I dismiss it with costs to the respondent.
Issues in the judgment
#Typographical error in the judgment text ('ofiered' for 'offered')
The judgment does not state the appeal/civil application number under which this Motion was brought; the case number field could only be filled with the date of the Motion
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nderitu v Nderitu (Civil Application E116 of 2025) [2025] KECA 1708 (KLR)", Case Analysis (2025). Not stated in the judgment (Motion dated 11th June, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1708/eng@2025-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.