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Court of AppealAllowedNot stated in the judgment

Nyanduro & another v Omuomore (Civil Application E124 of 2025) [2026] KECA 163 (KLR)

Court of Appeal of Kenya
30 January 2026
355 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal gave litigants more time to appeal after they missed a virtual judgment delivery they never knew about.

What this practically means

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Executive summary

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This was an unopposed notice of motion under Rule 4 of the Court of Appeal Rules in which the applicants sought extension of time to lodge a notice of appeal and thereafter to file the memorandum and record of appeal out of time. The trial court's judgment had been delivered virtually on 30th June 2025, but the applicants were unaware of the delivery date and only learnt of the judgment on 28th July 2025 when they checked the Court Tracking System. They filed the present application on 14th August 2025. The respondent was served but filed no replying affidavit, leaving the application unopposed. The court, sitting at Kisumu (L. Kimaru, JA), held that Rule 4 grants the Court an unfettered discretion to extend time for steps circumscribed by the Rules, and that it was satisfied with the reasons given for the delay. It noted that the applicants acted with expedition once they became aware of the judgment. The application was allowed: the applicants were directed to file and serve the notice of appeal within fourteen days and the record of appeal within forty-five days of the date of the ruling, with no orders as to costs. The decision does not disturb any decision below; it is a procedural extension-of-time ruling clearing the path for the intended appeal to be heard.

Questions the Court framed

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

  1. 1.Whether the applicants should be granted an extension of time to lodge the notice of appeal and file the memorandum and record of appeal out of time
  2. 2.Whether the reasons given for the delay in lodging the notice of appeal in time were satisfactory

Key legal issues

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01

Extension of time to lodge a notice of appeal out of time

Holding

Where the applicants were unaware of the delivery of judgment and acted with expedition upon becoming aware of it, the court's discretion under Rule 4 ought to be exercised in their favour.

Reasoning

The applicants established that judgment was delivered virtually on 30th June 2025 without their knowledge; they only learnt of it on 28th July 2025 through the Court Tracking System and moved the court on 14th August 2025. The delay was thus explained and the application was unopposed, the respondent having filed no replying affidavit. The court found the reasons satisfactory and allowed the application with time-limits for filing the notice of appeal and record of appeal, and no orders as to costs.

p. 1

Legal principles established

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  • Rule 4 of the Court of Appeal Rules confers an unfettered discretion on the Court of Appeal to extend time for any step required by the Rules to be done out of time.

Court orders

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  1. 1.Application allowed
  2. 2.Applicants to file and serve the notice of appeal within fourteen (14) days of 30th January 2026
  3. 3.Applicants to file and serve the record of appeal within forty five (45) days of 30th January 2026
  4. 4.No orders as to costs

The bench

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

majority

Wrote the judgment

On appeal from
Trial court (not identified in the judgment)
Not stated in the judgment
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.

Rule 4 of the Court of Appeal Rules grants this Court unfettered discretion to extend time for any steps circumscribed by the Rules to be done out of time.
p. 1Discretion under Rule 4
The application has merit and is hereby allowed. The applicants shall file and serve the notice of appeal within fourteen (14) days of today’s date.
p. 2Final orders
There shall be no orders as to costs.
p. 2Costs

Issues in the judgment

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minor

The names of the parties are not stated in the judgment; only the 2nd applicant (Joshua Oginga Oruko) is named, and the respondent is unnamed.

minor

The judgment is delivered by a single Judge of Appeal without indication of the coram or the case number of the application.

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, "Nyanduro & another v Omuomore (Civil Application E124 of 2025) [2026] KECA 163 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/163/eng@2026-01-30

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