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Court of AppealAllowedNot stated in the judgment· [2025] KECA 1879 (KLR)

Aketch v Anyango (Civil Application E072 of 2025) [2025] KECA 1879 (KLR)

Court of Appeal of Kenya
7 November 2025
LKL. Kimaru
701 words in judgment
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The bottom line

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Kenya's Court of Appeal gave a widow seven extra months to appeal a land case, saying illness and financial hardship explained the delay.

What this practically means

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Executive summary

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Caroline Achieng Aketch moved the Court of Appeal by notice of motion under Rule 4 of the Court of Appeal Rules seeking extension of time to lodge a notice of appeal and record of appeal out of time from a decision of the Environment and Land Court, Siaya, delivered on 3rd October 2024. She attributed the delay to illness and depression supported by medical documents, and to financial hardship as a widow unable to raise legal fees. The respondent, James Otieno Onyango, opposed, contending that the seven-month delay was inordinate, unexplained and a product of lack of due diligence, and that the intended appeal was unarguable. Applying the well-established Salat principles - the length of delay, the reason for the delay, the chances of success of the intended appeal and prejudice to the respondent - the court found the medical documents established that the applicant was ailing at the material time and accepted her financial predicament. It held that a seven-month delay was not inordinate in the circumstances, and that because the dispute concerns land it was fair and just to allow her to ventilate her appeal. The court exercised its discretion in her favour, granted extension of time, directed that the notice of appeal be filed and served within thirty days, and awarded the respondent the costs of the application. The decision does not disturb the ELC decision; it only enlarges time to appeal against it.

Key legal issues

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01

Whether the applicant's explanation for the seven-month delay justified enlargement of time under Rule 4

Holding

The court was satisfied that illness, evidenced by medical documents, together with financial hardship as a widow, explained the delay, which was not inordinate in the circumstances.

Reasoning

The applicant annexed medical documents establishing that she was ailing at the material time, hampering her ability to lodge the appeal. Her widowhood and financial inability to instruct an advocate further explained the delay. The court weighed these reasons against the seven-month delay and found it not inordinate, especially given that the dispute concerns land and it is fair that she ventilate her appeal.

p. 2

Legal principles established

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  • The Rule 4 discretion to enlarge time is unfettered but is not exercised capriciously; the court considers the length of delay, the reason for the delay, whether the intended appeal has chances of success, and whether the respondent will be prejudiced.

Court orders

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  1. 1.Extension of time granted to the applicant to lodge the appeal out of time
  2. 2.The notice of appeal to be filed and served within thirty (30) days of the date of the ruling
  3. 3.The respondent to have the costs of the application
On appeal from
Environment and Land Court (ELC), Siaya
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (single Judge exercising discretion to enlarge time)

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, "Aketch v Anyango (Civil Application E072 of 2025) [2025] KECA 1879 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1879/eng@2025-11-07

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