Oduory aka Dasani v Bonyo (Civil Application E077 of 2025) [2025] KECA 2057 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that financial hardship delaying appeal filing can be a valid excuse, giving an applicant more time to appeal a Kshs.20 Million judgment.
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 lodge the notice of appeal out of time
- 2.Whether the reason given for the delay (inability to raise court fees of Kshs.99,200) is a sufficient and reasonable explanation
- 3.Whether the delay of about two months was inordinate
- 4.Whether the respondent would suffer prejudice if the extension is granted
Key legal issues
#Whether inability to raise court fees is a reasonable explanation for delay under Rule 4
Yes. The court was persuaded that lack of funds to pay assessed court fees explained the delay of about two months, which was not inordinate in the circumstances.
The applicant's delay arose from inability to pay assessed court fees of Kshs.99,200. Once funds were secured, the application was filed promptly. The court accepted that financial hardship is common in harsh economic times and found the two-month delay not inordinate, weighing the substantial decree of Kshs.20 Million against the applicant and the respondent's postponed enjoyment of the judgment.
Whether the intended appeal should be allowed to proceed despite opposition
The court was convinced the applicant should be given a chance to ventilate his appeal given the substantial Kshs.20 Million decree he would otherwise bear.
The court balanced the respondent's right to enjoy the fruits of judgment against the applicant's right of access to the appellate process, holding that the respondent would merely have to wait a while longer, which was not shown to be significant prejudice.
Legal principles established
#- In exercising the Rule 4 discretion on extension of time, the court considers the length of delay, the reasons for the delay, prejudice to the respondent, the conduct of the parties, public interest, and the importance of compliance with procedural timelines.
- Financial difficulty in the current economic climate is not an outlier and can constitute a reasonable explanation for delay in lodging an appeal.
Court orders
#- 1.The application is allowed
- 2.Extension of time granted to lodge the notice of appeal out of time; the notice to be filed and served within fourteen (14) days
- 3.The record of appeal to be filed and served within forty-five (45) days
- 4.The respondent to have the costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Superior Court
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (inherent-extension jurisdiction to enlarge time to lodge an appeal)
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.
It is hereby allowed. The applicant is granted extension of time to lodge the notice of appeal out of time. The said notice shall be filed and served within fourteen (14) days.
Financial dificulty in these harsh economic times is not an outlier.
The length of delay of about two months is not inordinate in the circumstances of this application.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oduory aka Dasani v Bonyo (Civil Application E077 of 2025) [2025] KECA 2057 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2057/eng@2025-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.