Onyango v Ambe
The bottom line
#Kenya's Court of Appeal struck out an appeal challenge filed late, confirming that the seven-day deadline for references is strict and jurisdictional.
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 reference was competent, having been lodged outside the seven days prescribed by rule 57(1)(b) without leave
- 2.Whether the single judge erred in refusing to extend time to file and serve the notice of appeal out of time
Key legal issues
#Competence of a reference filed outside the seven-day window in rule 57(1)(b)
The reference, filed over thirty days after the single judge's ruling without any extension of time, was incompetent and a nullity, and the full court had no jurisdiction to entertain it.
The court applied its own decision in Charles Onyinge Abuso v Kenya Ports Authority, where a reference filed outside the prescribed seven days without leave was held to flout substantive law and to oust the court's jurisdiction. The CTS records showed filing on 28 April 2025 and payment on 29 April 2025, over thirty days after the 28 March 2025 ruling. No extension of time had been sought or obtained, so the competence question had to be resolved before the merits.
Legal principles established
#- A reference under rule 57(1)(b) must be lodged with the Registrar within seven days of the single judge's decision; a reference filed outside that period without leave is a nullity and robs the full court of jurisdiction.
- Where a court lacks jurisdiction over an incompetent reference, it must decline to act - it must 'down its tools'.
Court orders
#- 1.The reference dated 3rd April 2024 is struck out with costs to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal (decision of single judge, Kiage, JA)
- Jurisdiction invoked
- Rule 57(1)(b) of the Court of Appeal Rules (reference against decision of a single judge)
Relief refused
#Setting aside the single judge's ruling of 28 March 2025 and grant of leave to file and serve the notice and record of appeal out of time
The reference was filed out of time without leave, rendering it incompetent and depriving the court of jurisdiction to entertain it
Costs
Costs of the reference to the respondent
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 57(1)(b) of the Rules of this court, a reference must be lodged within seven days of the single Judge's decision. The applicant neither sought nor obtained leave to file the reference out of time.
Accordingly, the reference was filed without leave, out of time, and is therefore incompetent and bad in law, leaving this court without jurisdiction to entertain it, and we must therefore down our tools.
Consequently, the reference dated 3rd April 2024 is hereby struck out with costs to the respondent.
Issues in the judgment
#Date discrepancy in the final order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango v Ambe", Case Analysis (2025). Civil Application E359 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2261/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.