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Court of AppealDismissedNot stated in the judgment

University of Nairobi v Orodo (Civil Application E533 of 2025) [2025] KECA 1813 (KLR)

Court of Appeal of Kenya
7 November 2025
1,204 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to fast-track an appeal filing application, confirming urgency certification is discretionary and internal delays don't justify jumping the queue.

What this practically means

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Executive summary

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This is a ruling by the duty judge, W. Korir, JA, of the Court of Appeal at Nairobi on an inter-partes hearing requested under rule 49(5) of the Court of Appeal Rules to review the judge's refusal of 8th September 2025 to certify the applicant's Notice of Motion dated 3rd September 2025 as urgent. The motion sought extension of time to file a record of appeal against a judgment of Nderi Nduma, J. delivered on 5th October 2023 in Nairobi ELRC Cause No. 1191 of 2018. Counsel for the applicant relied on leadership wrangles that had prevented timely instruction of counsel, while the respondent contended the decretal sum had been paid in full, leaving no live dispute. The court distilled principles governing rule 49 certification from its jurisprudence: urgency is not certified as of right; the applicant must show need for immediate assistance, promptness in approaching the Court, and a reasonable explanation for delay; arguability of the intended appeal is irrelevant at the certification stage; and public interest and ongoing disobedience of court orders may be relevant. Applying these principles, the court found the applicant had met only the jurisdictional threshold of filing a supporting affidavit but had not shown that later orders would fail to protect it, and that internal leadership wrangles did not warrant jumping the queue - those issues being for the judge handling the extension application. The judge reaffirmed the earlier refusal and ordered that the motion be queued. No costs order appears in the ruling.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant's application for extension of time to file a record of appeal should be certified as urgent under rule 49 of the Court of Appeal Rules
  2. 2.Whether the duty judge's earlier decision of 8th September 2025 declining to certify the matter urgent should be reviewed

Key legal issues

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01

Principles governing certification of applications as urgent under rule 49

Holding

Certification is discretionary, not of right; the applicant must show need for immediate assistance, promptness, and proper supporting affidavit; public interest and ongoing wrongs are also factors

Reasoning

The court distilled principles from its own jurisprudence, noting rule 49 provides no criteria. The applicant met the jurisdictional threshold of a supporting affidavit but failed on promptness and demonstrated need, having paid the decretal sum and blamed internal wrangles for delay.

p. 2
02

Whether leadership wrangles within an applicant justify urgent certification

Holding

No; that is a matter for the judge handling the extension of time application, not a basis for jumping the queue

Reasoning

The court held that internal governance problems explaining delay go to the merits of extension of time and cannot ground urgency certification. A party that disregards the Court's timelines cannot benefit from the discretion to jump the queue.

p. 3

Legal principles established

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  • Urgency certification under rule 49 is discretionary and not a matter of right; the duty judge must act judiciously and upon reason
  • Arguability of the intended appeal does not fall for consideration in certifying a matter urgent
  • A party must act promptly when the need arises; unexplained delay may defeat certification of urgency even where irreparable harm is shown

Court orders

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  1. 1.The application for certification of urgency is refused and the applicant's Notice of Motion dated 3rd September 2025 for extension of time for filing the appeal must be queued

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Employment and Labour Relations Court
Nairobi ELRC Cause No. 1191 of 2018
Jurisdiction invoked
Rule 49 of the Court of Appeal Rules (certification of urgency), following prior reference under rule 49(5)

Relief refused

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Certification of the application for extension of time as urgent

The applicant failed to demonstrate immediate need; the decretal sum had been paid and internal leadership wrangles did not justify jumping the queue

p. 3

Costs

No order as to costs was made in the ruling

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Applications are not certified as a matter of right or as a matter of course, and there must be a proper notice of appeal and an afidavit supporting the urgency
p. 2rule 49 urgency certification
the applicant has failed to demonstrate that it requires immediate assistance from the Court, and that if the application for enlargement of time is not heard in priority to other queued applications, any order that it might later be granted will by then no longer be capable of providing it with the legal protection it requires
p. 3immediate assistance requirement
The applicant’s Notice of Motion dated 3rd September 2025 for extension of the of time for filing the appeal must be queued. Accordingly, I once again decline to certify the applicant’s application as urgent.
p. 3final orders

Issues in the judgment

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minor

The parties, case title and case number are not identified in the ruling; the applicant and respondent are referred to only generically

minor

Typographical error 'sufier' for 'suffer' appears in the judgment text

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, "University of Nairobi v Orodo (Civil Application E533 of 2025) [2025] KECA 1813 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1813/eng@2025-11-07

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