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Court of AppealAllowedKisumu Civil Application No. [not stated] (arising from Kisumu ELCLA No. E027 of 2023)

Okuku v Oyieyo (Civil Application E130 of 2025) [2026] KECA 184 (KLR)

Court of Appeal of Kenya
30 January 2026
LKL. Kimaru
658 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed a seven-month late appeal in a land dispute, confirming courts can excuse delay caused by illness and reliance on relatives.

What this practically means

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Executive summary

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The applicant, Dick Omondi Okuku, was aggrieved by a judgment of the Environment and Land Court at Kisumu in ELCLA No. E027 of 2023 delivered on 23 January 2025 and wished to appeal to the Court of Appeal. He moved the Court by notice of motion under Rule 4 of the Court of Appeal Rules seeking extension of time to lodge his notice of appeal. He explained the seven-month delay by his ill health at the time of the judgment, his residence in the United States, and his reliance on relatives who failed to communicate with his former advocate, whose offices had also relocated, leaving him unaware of the judgment until his own efforts to reach the advocate proved difficult. The respondent, though he filed no replying affidavit, opposed the application in written submissions, contending that the reasons were inexcusable, the delay inordinate, and that extension would prejudice him by depriving him of the fruits of the judgment. Applying the factors in Leo Sila Munyao v Hellen Wangari Mwangi - reasons for and length of delay, prejudice to the respondent, and arguability of the intended appeal - the Court held the reasons excusable and the seven-month delay not inordinate. Noting the dispute concerns land, it held the interests of justice favoured a full ventilation of the issues on a final appeal, without prejudice to the respondent. The application was allowed: the notice of appeal was to be filed and served within fourteen days and the record of appeal within forty-five days, with costs of the application awarded to the 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 should be granted leave to lodge a notice of appeal out of time against the judgment of the Environment and Land Court
  2. 2.Whether the reasons given for the delay of seven months are excusable and whether the delay is inordinate
  3. 3.Whether the respondent would suffer prejudice if the extension were granted

Key legal issues

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01

Whether the seven-month delay in lodging the notice of appeal was inordinate and excusable

Holding

The reasons given - illness of the applicant and his residence in the United States with reliance on relatives who failed to follow up the case with his former advocate - were excusable, and the seven-month delay was not inordinate in the circumstances.

Reasoning

The Court weighed the factors in Leo Sila Munyao v Hellen Wangari Mwangi: reasons for delay, length of delay, prejudice to the respondent and arguability of the intended appeal. It found the applicant's explanations reasonable, noted that the dispute concerns land and that the interests of justice favour a full ventilation of the issues on a final appeal, and held the respondent would suffer no prejudice from a final adjudication.

p. 2
02

Whether the respondent would be prejudiced by the extension

Holding

The respondent would not be prejudiced by a final adjudication of the land dispute.

Reasoning

The respondent argued that allowing the application would deprive him of the fruits of the ELC judgment. The Court held otherwise, reasoning that as a land dispute the parties should be allowed to ventilate the issues in a final appeal, and a final adjudication would not harm the respondent.

p. 2

Legal principles established

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  • Rule 4 of the Court of Appeal Rules confers an unfettered discretion on the Court to extend time, guided by the reasons for the delay, the length of the delay, prejudice to the respondent, and whether the intended appeal is arguable.

Court orders

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  1. 1.The application is allowed
  2. 2.Extension of time granted to lodge the notice of appeal out of time
  3. 3.The notice of appeal shall be filed and served within fourteen (14) days of the date of the ruling
  4. 4.The record of appeal shall be filed within forty-five (45) days of the date of the ruling
  5. 5.The 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.

LK
majority

Wrote the judgment

On appeal from
Environment and Land Court
Kisumu ELCLA No. E027 of 2023
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (inherent discretionary jurisdiction to extend time)

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 determine whether or not to extend time for any steps to be done outside the period provided by the Rules.
p. 2discretion under Rule 4
The delay of a period of seven (7) months is not inordinate in the circumstances of this application.
p. 2length of delay
The subject appeal being a land dispute, it would serve the interest of justice for the parties to be allowed to ventilate the issues in dispute in a final appeal.
p. 2interest of justice in land disputes
In the premises therefore, the application has merit and is hereby allowed. The applicant is granted extension of time to lodge the notice of appeal out of time.
p. 2final orders

Issues in the judgment

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minor

The respondent is not named anywhere in the judgment; the notice of motion is described but the case number of the application before the Court of Appeal is also not stated.

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, "Okuku v Oyieyo (Civil Application E130 of 2025) [2026] KECA 184 (KLR)", Case Analysis (2026). Kisumu Civil Application No. [not stated] (arising from Kisumu ELCLA No. E027 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/184/eng@2026-01-30

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