Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedNotice of motion dated 18th February 2025 (Civil Application, Court of Appeal, Nairobi)· [2025] KECA 1764 (KLR)

Kenneth Omondi Okello v Saito Yukie Rombo

Court of Appeal of Kenya
24 October 2025
DMD. K. Musinga
1,052 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal refused to extend time to appeal because a 450-day delay was unexplained and the appeal looked weak.

What this practically means

#

Executive summary

#
This was a single-judge application in the Court of Appeal, Nairobi, in which an applicant acting in person sought enlargement of time to file a memorandum and record of appeal from the judgment of the High Court (Maureen Odero, J.) delivered on 17th November 2023 in Nairobi Succession Cause No. 257 of 2017, dismissing his application for revocation of a grant of letters of administration over the estate of George Omolo Rombo. The applicant blamed his delay on the Kenyatta University Staff Retirement Benefits Scheme and the firm of Nyachoti & Partners, who he said had not informed him that they were not pursuing an appeal. The respondent opposed, arguing that leave to appeal out of time had already been granted by the High Court on 14th August 2024, that the applicant should have returned to that court if the leave lapsed, and that the application was an attempt to keep her in endless litigation. Applying the settled Thuita Mwangi v Kenya Airways factors, the court held that the application was filed 450 days after judgment and 161 days after leave was granted, a delay that was not well explained, and that the applicant should have moved with speed once leave was given. The court also entertained serious doubts about the intended appeal's chances of success. The application was dismissed, with each party bearing its own costs.

Key legal issues

#
01

Whether the applicant's delay in filing the appeal was satisfactorily explained

Holding

The delay of 450 days from judgment and 161 days from the grant of leave was not well explained; blame attributed to the pension scheme and its advocates was insufficient, as the applicant should have moved promptly once leave was granted.

Reasoning

The court found that although leave to appeal out of time was granted on 14th August 2024 and a notice of appeal was lodged, no application for extension of time was filed until 27th February 2025. It was not enough to say the delay was due to the Kenyatta University Staff Retirement Benefits Scheme failing to inform the applicant that it had not instructed advocates to lodge an appeal; the applicant ought to have acted with speed after obtaining leave.

p. 3
02

Whether the intended appeal had chances of success

Holding

On perusal of the impugned judgment and the proposed grounds of appeal, the court entertained serious doubts about the intended appeal's chances of success.

Reasoning

Applying the third Thuita Mwangi factor, the court examined the impugned High Court judgment and the draft grounds of appeal concerning the birth certificates and dependency of the minor beneficiaries, and formed a negative view of the prospects, reinforcing the refusal to enlarge time.

p. 3

Legal principles established

#
  • The decision whether to extend time for appealing is discretionary, and the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.

Court orders

#
  1. 1.The application for extension of time was found unmeritorious and dismissed
  2. 2.Each party shall bear its own costs of the application
On appeal from
High Court of Kenya
Nairobi Succession Cause No. 257 of 2017
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal to enlarge time for filing an appeal, the respondent invoking section 7 of the Appellate Jurisdiction Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenneth Omondi Okello v Saito Yukie Rombo", Case Analysis (2025). Notice of motion dated 18th February 2025 (Civil Application, Court of Appeal, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1764/eng@2025-10-24

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