Ochiel v Kenya Revenue Authority (Civil Application E617 of 2024) [2025] KECA 1963 (KLR)
The bottom line
#Kenya's Court of Appeal dismissed an extension of time application because the applicant offered no explanation for a two-year delay in filing his appeal record.
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 should be granted extension of time to file and serve a record of appeal from the judgment of Maureen Onyango, J delivered on 30th November 2018
Key legal issues
#Whether the delay in filing the record of appeal was adequately explained
The application was dismissed because there was no explanation for the delay from 29th November 2022 (when the certified ruling was collected) to 15th November 2024 (when the application was filed); a change of mobile telephone number was insufficient
The court traced the timeline: the ruling was delivered on 30th November 2018, proceedings were collected on 24th August 2022 and the certified ruling on 29th November 2022. From then until 15th November 2024 nothing was done and no explanation was offered. The court held the applicant could have contacted his advocate by visiting chambers or sending an email, so the delay was inordinate and unexplained, disentitling him from the discretionary relief. It was unnecessary to consider chances of success or prejudice.
Legal principles established
#- The decision whether or not to extend time for appealing is discretionary, and the Court considers the length of delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent
- An applicant seeking extension of time must satisfactorily explain the entire period of delay; unexplained inordinate delay disentitles the applicant from the exercise of the Court's discretion regardless of the merits of the intended appeal
Court orders
#- 1.The application is dismissed
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal to extend time for filing and serving a record of appeal (Court of Appeal Rules procedure; no specific provision quoted in the judgment)
Relief refused
#Extension of time to file and serve the record of appeal
There was no explanation for the inordinate delay of nearly two years after collection of the certified copy of the ruling; the applicant's lethargy disentitled him from the exercise of the Court's discretion
Costs
No orders as to costs since the respondent did not file anything in opposition to the application
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.
Consequently, this application is dismissed. I make no orders as to costs since the respondent did not file anything in opposition to the application.
Sufice it to say that the applicant’s lethargy disentitles him from the exercise of this Court’s discretion in his favour.
It is not suficient for the applicant to state that he was unable to contact his advocate because of a change of his mobile telephone number.
Issues in the judgment
#The coram lists only one judge, D. K. Musinga, described as President and Judge of Appeal; the judgment does not state the case number, neutral citation, or the parties' names, and the court below is identified only from the Deputy Registrar's title ('Employment and Labour Relations Court')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ochiel v Kenya Revenue Authority (Civil Application E617 of 2024) [2025] KECA 1963 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1963/eng@2025-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.