Meptax Consoltium Limited v County Government of Kisumu & another
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the record of appeal was filed out of time and without leave
- 2.Whether the respondents could benefit from the proviso to Rule 84(1) regarding bespeaking proceedings
- 3.Whether the application to strike out was brought within the 30-day window under Rule 86
Key legal issues
#Filing of record of appeal out of time
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.
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.
Timeliness of the strike-out application
The application under Rule 86 was brought within 30 days of service of the record of appeal and was therefore competent.
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
#- 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
#- 1.The record of appeal dated 3rd February 2025 and filed on 6th February 2025 is struck out
- 2.Costs of the application to the applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- 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
#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.
Such an appeal is just a document placed on record without any value at all
The respondents cannot therefore benefit from the proviso to Rule 84(1) of the Rules.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.