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Court of AppealAllowedCivil Appeal (Application) E026 of 2025

Meptax Consoltium Limited v County Government of Kisumu & another

Court of Appeal
28 November 2025
728 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal struck out Kisumu County's late appeal, meaning the 2023 High Court judgment against it now stands.

What this practically means

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Executive summary

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The respondents, having lost in the High Court at Kisumu (Kamau, J.) on 22nd February 2023, lodged a notice of appeal on 8th March 2023 and served it on 16th March 2023. Under Rule 84(1) of the Court of Appeal Rules, 2022, the record of appeal was due within 60 days. Instead, the record, dated 3rd February 2025, was lodged on 6th February 2025 and served on Meptax Consoltium Limited on 7th and 11th February 2025. Meptax moved under Rules 84, 85 and 86 to strike out the record as filed out of time and without leave. The respondents attributed the delay to difficulties obtaining a certified copy of the proceedings and judgment, but exhibited no letter to the Registrar bespeaking proceedings, so they could not benefit from the proviso to Rule 84(1). The Court held the strike-out application was timely, having been brought within 30 days of service of the record. Applying Mae Properties and Bookpoint, the Court (Asike-Makhandia, Omondi and Muchelule, JJA) allowed the application and struck out the record of appeal, with costs to the applicant. The effect is that the respondents' appeal cannot proceed; the High Court judgment stands undisturbed. This is a single unanimous ruling of the full bench.

Questions the Court framed

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

  1. 1.Whether the record of appeal was filed out of time and without leave
  2. 2.Whether the respondents could benefit from the proviso to Rule 84(1) regarding bespeaking proceedings
  3. 3.Whether the application to strike out was brought within the 30-day window under Rule 86

Key legal issues

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01

Filing of record of appeal out of time

Holding

The record of appeal filed on 6th February 2025, nearly two years after the notice of appeal, was out of time and without leave, and was struck out.

Reasoning

Rule 84(1) required lodgement within 60 days of service of the notice of appeal. The notice was served on 16th March 2023, so the record was due by mid-May 2023. The respondents offered no letter bespeaking proceedings to invoke the proviso, so the delay was unexplained and the record was a nullity on the record.

02

Timeliness of the strike-out application

Holding

The application under Rule 86 was brought within 30 days of service of the record of appeal and was therefore competent.

Reasoning

Rule 86 bars strike-out applications brought more than 30 days after service of the notice of appeal or record of appeal. The record was served on the applicant on 7th and 11th February 2025 and the motion was dated 13th February 2025, comfortably within the window.

Legal principles established

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  • An appeal lodged out of time and without leave under Rule 85 is a document without value and may be struck out under Rule 86.
  • A party cannot benefit from the proviso to Rule 84(1) extending time unless it exhibits a letter bespeaking certified proceedings and judgment.

Court orders

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  1. 1.The record of appeal dated 3rd February 2025 and filed on 6th February 2025 is struck out
  2. 2.Costs of the application to the applicant

The bench

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

majority
majority
majority
On appeal from
High Court of Kenya at Kisumu
HCCC No. 18 of 2019
Jurisdiction invoked
Rules 84, 85 and 86 of the Court of Appeal Rules, 2022

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.

Under Rule 86, we allow the application, and strike out the record of appeal dated 3rd February 2025 and filed on 6th February 2025 with costs to the applicant.
p. 2Final orders - strike out of record of appeal
Such an appeal is just a document placed on record without any value at all
p. 2Status of an appeal instituted out of time without leave
The respondents cannot therefore benefit from the proviso to Rule 84(1) of the Rules.
Proviso to Rule 84(1) requires bespeaking of proceedings

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, "Meptax Consoltium Limited v County Government of Kisumu & another", Case Analysis (2025). Civil Appeal (Application) E026 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2212/eng@2025-11-28

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