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Court of AppealDismissedNotice of Motion dated 29th September 2025 (Court of Appeal, Nakuru)

Paksons Enterprises Limited v Kipkoech t/a Paksons Agroveterinary Solutions & another (Civil Application E097 of 2025) [2025] KECA 1947 (KLR)

Court of Appeal of Kenya
21 November 2025
549 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

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Kenya's Court of Appeal refused to forgive a seven-month appeal delay because the company couldn't prove it had properly requested and followed up on court documents.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nakuru, delivered by Warsame, JA, on an application by Paksons Enterprises Limited for extension of time to file and lodge a Record of Appeal out of time under Rule 82 of the Court of Appeal Rules, 2022. Judgment in the superior court was delivered on 5th December 2024; the applicant filed a Notice of Appeal timeously on 17th December 2024 and allegedly requested typed proceedings on 9th December 2024. The 60-day period for lodging the Record expired around 15th February 2025, and the application was filed on 29th September 2025 - a delay of about seven months, attributed entirely to the registry's late supply of typed proceedings on 4th September 2025. The court held that the proviso to Rule 82(1), which excludes time taken in typing and certification of proceedings, applies only where the application for proceedings was made in writing within 30 days AND served on the respondent. The applicant produced neither proof of service of the 9th December 2024 request nor the certificate of delay it claimed to have obtained. The certificate of delay was identified as the proper mechanism for documenting and mitigating registry delays; without it, the allegation of registry-caused delay was unsubstantiated. The court found insufficient cause, dismissed the application, and made no order as to costs. The binding propositions concern the cumulative conditions for excluding time under Rule 82 and the applicant's burden of proof in extension-of-time applications.

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 has demonstrated sufficient cause to warrant an extension of time to file and lodge the Record of Appeal out of time
  2. 2.Whether the delay of approximately seven months is satisfactorily explained, including whether time taken in obtaining typed proceedings should be excluded under the proviso to Rule 82(1)

Key legal issues

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01

Whether time taken in obtaining typed proceedings can be excluded under Rule 82 without proof of service and a certificate of delay

Holding

No. The proviso to Rule 82(1) requires both a written application for proceedings within 30 days and service on the respondent; without proof of service and production of the certificate of delay, the exclusion of time is unavailable and the 60-day period lapses.

Reasoning

The court noted the proviso to Rule 82(1) imposes two cumulative conditions: a written application for proceedings within 30 days of the decision, and service of that application on the respondent. The applicant alleged a certificate of delay was issued but never annexed one, and there was no evidence the 9th December 2024 letter was served on the 1st Respondent. Both conditions failing, the registry-delay explanation remained unsubstantiated and the statutory 60 days expired without justification.

p. 2
02

Whether the applicant discharged the burden of explaining a seven-month delay

Holding

No. The delay of approximately seven months was not satisfactorily explained and the applicant failed to discharge the burden of proof required in extension-of-time applications.

Reasoning

The Record of Appeal was due by about 15th February 2025 but the application was filed on 29th September 2025, a delay of roughly seven months. The applicant attributed the whole delay to the registry, but without the certificate of delay the allegation was unsubstantiated. The court held that merely stating that proceedings were made available late is insufficient; the applicant must produce the certificate to show what period, if any, should be excluded.

p. 2

Legal principles established

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  • Exclusion of time for typing and certification of proceedings under the proviso to Rule 82(1) requires both a written application for proceedings within 30 days of the decision AND service of that application on the respondent; without proof of service and a certificate of delay, the applicant cannot benefit from the exclusion of time
  • The certificate of delay is the proper mechanism for documenting and mitigating registry delays; an applicant must produce it to substantiate claims that delay was caused by the registry
  • An applicant for extension of time bears the burden of proof to demonstrate sufficient cause and satisfactorily explain the delay

Court orders

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  1. 1.The application for extension of time is dismissed
  2. 2.No orders as to costs

The bench

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

Mohamed Abdulahi Warsame
M. WarsameJA
Currently serving
majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction to extend time under the Court of Appeal Rules, 2022 (Rule 82 and extension-of-time jurisdiction)

Relief refused

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Extension of time to file and lodge the Record of Appeal out of time

The applicant failed to produce a certificate of delay and proof of service of the request for typed proceedings on the 1st Respondent, so the exclusion-of-time provisions of Rule 82 were unavailable and the delay remained unexplained

p. 2

Costs

Dismissed with no orders to costs - "this application is dismissed with no orders to costs" (each party to bear own costs)

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.

Without proof of service of the application for proceedings on the 1st Respondent, and without production of the certificate of delay, the applicant cannot benefit from the exclusion of time provisions under Rule 82.
p. 2Exclusion of time under Rule 82 proviso
The certificate of delay is the proper mechanism through which delays by the registry are mitigated and documented.
p. 2Function of the certificate of delay
Accordingly, this application is dismissed with no orders to costs.
p. 2Final orders / disposition

Issues in the judgment

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minor

The judgment does not name the 1st Respondent or give the appeal/civil appeal number, and states a panel of one JA without a formal coram heading

minor

The judgment recites paragraph 3 as if truncated mid-sentence ('a delay of approximately seven (7) months') with formatting split across pages

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, "Paksons Enterprises Limited v Kipkoech t/a Paksons Agroveterinary Solutions & another (Civil Application E097 of 2025) [2025] KECA 1947 (KLR)", Case Analysis (2025). Notice of Motion dated 29th September 2025 (Court of Appeal, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1947/eng@2025-11-21

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