The Kenya National Highway Authority v Sbi International Holdings (kenya)
The bottom line
#Kenya's Court of Appeal let KeNHA appeal late against a Kshs. 201 million judgment because it was never told the judgment date.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under Rule 4
A delay of about fifty-six days was not overly inordinate and was excusable where the applicant was not served with notice of the delivery date of the ex-parte judgment.
The court found no evidence of service of the notice informing parties of the delivery date, so the applicant's assertion of unawareness was believable. The delay of about fifty-six days after the notice of appeal fell due was held not overly inordinate given the plausible explanation.
Weight of the merits of the intended appeal
Lack of merit of the intended appeal is not a decisive factor on an extension-of-time application in the circumstances of the case.
The court declined to reflect on the merits of the intended appeal, holding that the respondent would have an opportunity to demonstrate lack of merit before the bench that hears the appeal. The considerations of delay, reasons and prejudice carried greater weight.
Prejudice to the respondent
Where the respondent has not demonstrated weighty, infirming or uncompensable prejudice, the application should lean towards being allowed.
The court noted that the respondent had not shown it would suffer prejudice that was weighty, infirming or incapable of compensation if leave were granted, and accordingly allowed the motion.
Legal principles established
#- The Rule 4 discretion to extend time is exercised on well-known considerations: length of delay, reasons for delay, chances of the appeal succeeding, and degree of prejudice to the respondent.
Court orders
#- 1.Leave granted to the applicant to file an appeal out of time
- 2.The applicant to file and serve a notice of appeal within fourteen (14) days
- 3.The applicant to file and serve the record of appeal within forty-five (45) days of filing and service of the notice of appeal
- 4.Costs of the application to be in the intended appeal
- On appeal from
- High Court of Kenya
- Civil Suit No. E287 of 2022
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Kenya National Highway Authority v Sbi International Holdings (kenya)", Case Analysis (2026). Civil Application No. of 2025 (Notice of Motion dated 30th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/147/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.