Lombelo v Chief of Defence Forces & 2 others
The bottom line
#The Court of Appeal refused to fast-track a former soldier's appeal, confirming that only truly exceptional cases can jump the hearing queue in Kenya.
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 single judge should revise his earlier order declining to certify the appeal as urgent and direct that it be heard on priority
Key legal issues
#Requirements for an application to have an appeal heard on priority
An applicant must file a supporting affidavit comprehensively setting out reasons and demonstrate that delay would place him in an irreversible position beyond what others in similar circumstances would suffer
The court held that because of limited judicial capacity, matters must queue and only compelling and exceptional cases justify jumping the queue. The applicant must show irreversibility of prejudice if the matter waits, supported by a comprehensive affidavit. The applicant's urgency request was also filed about a month after the appeal without explanation, undermining his claim.
Legal principles established
#- Priority hearing is reserved for compelling and exceptional cases; absent overriding public interest, parties wait their turn based on filing order
Court orders
#- 1.Order declining to revise the earlier order that found the matter was not urgent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court
- HCConst. Petition No. E220 of 2021
- Jurisdiction invoked
- Rule 49(5) of the Court of Appeal Rules 2022
Relief refused
#Inter partes hearing and certification of the appeal as urgent / priority hearing
Urgency request was filed late without explanation and no compelling or exceptional circumstances were demonstrated
Costs
No costs order made
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 fair that only in compelling and exceptional cases should a party be allowed to jump the que.
There should be no preferential treatment when it comes to when a matter before the Court should be heard.
I decline to revise my order which found that the matter was no urgent.
Issues in the judgment
#Typographical error in the disposition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lombelo v Chief of Defence Forces & 2 others", Case Analysis (2025). Civil Appeal (Application) E240 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2254/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.