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Court of AppealAllowedNot stated in the ruling

Omollo (Suing as the administrator ad litem of the Estate of John Omolo Anditi - Deceased) v Asembo (Sued as the administrator of the Estate of Lazaro Odera Jura - Deceased) & 6 others (Civil Application E102 of 2025) [2026] KECA 24 (KLR)

Court of Appeal of Kenya
22 January 2026
566 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal excused a 25-day late appeal filing in a land case, showing short delays with honest explanations can be forgiven.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Kisumu, delivered on 22nd January 2026 by L. Kimaru, JA, on an application under Rule 4 of the Court of Appeal Rules for extension of time to lodge a notice of appeal. The Superior Court's ruling under challenge was delivered on 11th June 2025; the applicant deponed that she only obtained sight of the written ruling on 1st July 2025 when it was uploaded to the Court Case Tracking System, and lodged her notice of appeal on 7th July 2025, a delay of about 25 days. The 1st respondent, Sellah Akech Asembo, opposed, accusing the applicant of indolence. Applying the settled four-factor test from Leo Sila Mutiso v Hellen Wangari Mwangi - length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent - the Court found the explanation excusable. Notably, it emphasised that because the underlying dispute involves land, an intended appellant should not be locked out of the constitutional right of appeal so that the issues may be resolved with finality. The Court held the 25-day delay was not inordinate and compensated the respondent with costs. The application was allowed: leave to lodge the notice of appeal out of time was granted, with fourteen days for filing and serving the notice and forty-five days thereafter for the record of appeal, and costs awarded to the 1st respondent.

Questions the Court framed

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

  1. 1.Whether the applicant's delay of 25 days in lodging the notice of appeal after the ruling of 11th June 2025 should be excused and the late filing validated under Rule 4 of the Court of Appeal Rules

Key legal issues

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Whether a 25-day delay in lodging a notice of appeal, attributed to lack of access to the written ruling, is excusable

Holding

Yes; the reason is excusable, the delay is not inordinate, and the respondent is compensated by costs

Reasoning

The Court applied the settled Leo Sila Mutiso factors: length of delay, reason for delay, chances of appeal success, and prejudice. It accepted the applicant's explanation that she only saw the ruling on the Case Tracking System on 1st July 2025. Noting the dispute concerns land, the Court held an intended appellant should not be locked out of the constitutional right of appeal; the 25-day delay was not inordinate and the respondent was compensated by an award of costs.

p. 2

Legal principles established

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  • The Court's discretion under Rule 4 to extend time is unfettered but exercised judiciously, guided by the length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent; in land disputes, an intended appellant should not lightly be locked out of the constitutional right of appeal.
  • In land disputes, an intended appellant should not be locked out of the constitutional right of appeal so that issues in dispute may be resolved with finality.

Court orders

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  1. 1.The applicant is granted leave to lodge the notice of appeal out of time
  2. 2.The notice of appeal shall be filed and served within fourteen (14) days of the date of the ruling
  3. 3.The record of appeal shall be filed and served within forty five (45) days of service of the notice of appeal
  4. 4.The 1st respondent shall have the costs of the application

The bench

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

majority

Wrote the judgment

On appeal from
Superior Court (High Court/Environment and Land Court not specified)
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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.

first, the length of the delay, secondly, the reason for the delay, thirdly, (possibly) the chances of the appeal succeeding if the application is granted; and fourthly, the degree of prejudice to the respondent if the application is granted.
p. 2Factors for extension of time
The delay of a period of 25 days is not inordinate in the circumstances of this application. The 1st respondent shall be compensated by an award of costs.
p. 2Short delay in land dispute excusable
In the premises therefore, the application is allowed. The applicant is granted leave to lodge the notice of appeal out of time.
p. 2Final orders

Issues in the judgment

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minor

The ruling as extracted does not state the case number, the names of the applicant or the 2nd respondent, or the court appealed from; the certified copy ends with the single judge's signature.

minor

A single judge is identified, but extension-of-time applications are typically decided by a single judge under Rule 4; no contradiction within the judgment itself.

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, "Omollo (Suing as the administrator ad litem of the Estate of John Omolo Anditi - Deceased) v Asembo (Sued as the administrator of the Estate of Lazaro Odera Jura - Deceased) & 6 others (Civil Application E102 of 2025) [2026] KECA 24 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/24/eng@2026-01-22

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