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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment· [2026] KECA 127 (KLR)

Abdullahi Newa Dokhole v Zainabu Ramatu Usinfecha & 5 others

Court of Appeal of Kenya
30 January 2026
2,341 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal gave appellants more time to file their appeal record because waiting for typed court proceedings explained the delay.

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 Nyeri delivered on 30th January 2026 by ALI-ARONI, JA, on a notice of motion dated 24th November 2025 brought under rules 4, 41 and 75 of the Court of Appeal Rules 2022, section 3A of the Appellate Jurisdiction Act and articles 50 and 159 of the Constitution. The applicants, aggrieved by a ruling of the Environment and Land Court delivered on 30th June 2025, sought leave to file the record of appeal out of time, a temporary injunction pending appeal, and deeming of their notice of appeal. The 6th respondent opposed, contending the application was incompetent, that time had not lapsed, and that the Red Cross was wrongly joined. The court observed that this was yet another omnibus application mixing prayers for a single judge (extension of time) with prayers for the full court (stay and injunction), a practice it decried; citing Associated Construction and Imbisi, it confined itself to the extension-of-time prayer. Applying rule 4 and the Salat principles, the court found the notice of appeal timely under rule 77, that the 60-day period for lodging the record expired on 9th September 2025, and that the delay was mainly occasioned by waiting for typed proceedings, was not inordinate, and caused no demonstrated prejudice. It allowed the extension, deemed the notice of appeal properly on record, directed the record of appeal to be filed and served within 30 days, and ordered costs of the application to abide the outcome of the appeal. The injunction and stay prayers were left to the appropriate forum.

Key legal issues

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01

Whether the delay in filing the record of appeal should be excused and time extended

Holding

The delay was sufficiently explained, mainly caused by waiting for typed proceedings, and was not inordinate; no prejudice to the respondents was demonstrated; extension granted with the record to be filed within 30 days

Reasoning

Applying the Salat principles, the court found the notice of appeal was filed and served in time under rule 77. Because there was no proof the letter bespeaking proceedings was copied to the respondents, the proviso to rule 84 did not apply, making the deadline 9th September 2025. The delay after receipt of proceedings was about a month, attributable largely to the registry's delay in supplying certified proceedings. No prejudice was shown, and substantive justice under article 159(2)(d) favoured extension.

p. 5
02

Scope of a single judge's jurisdiction over an omnibus application

Holding

The court, deferring to article 159(2)(d), treated the application as solely concerned with extension of time, leaving the stay and injunction prayers to the appropriate forum

Reasoning

Relying on Associated Construction and Imbisi, the court noted the practice of filing omnibus applications mixing single-judge prayers with full-bench prayers is decried. Rather than strike out the application, the court dealt only with the extension-of-time prayer, which alone lay within a single judge's remit, and directed the applicants to move the court appropriately for other orders.

p. 3

Legal principles established

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  • The court's discretion to extend time under rule 4 arises only once sufficient reason for extension is established; other considerations such as absence of prejudice and prospects of success arise thereafter
  • An application for extension of time is for a single judge, while an application for stay of execution pending appeal is for the full court; omnibus applications combining both are procedurally improper and decried by the Court

Court orders

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  1. 1.Extension of time granted for filing the record of appeal
  2. 2.Notice of appeal deemed duly filed and properly on record (notice of appeal found to have been duly filed and served under rule 77)
  3. 3.Record of appeal to be filed and served within 30 days of the ruling
  4. 4.Costs of the application to abide the outcome of the appeal
On appeal from
Environment and Land Court (ELC)
Not stated in the judgment
Jurisdiction invoked
Rules 4, 41 and 75 of the Court of Appeal Rules 2022; section 3A of the Appellate Jurisdiction Act; articles 50 and 159 of the Constitution

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, "Abdullahi Newa Dokhole v Zainabu Ramatu Usinfecha & 5 others", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/127/eng@2026-01-30

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