Omole (Suing as the Legal Representative of the Estate of the Late Grace Adhiambo Dongo - Deceased) v Rorio (Civil Application E163 of 2025) [2026] KECA 209 (KLR)
The bottom line
#Kenya's Court of Appeal allowed an out-of-time appeal because the parties were never told the judgment delivery date, so the delay wasn't their fault.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted extension of time to file a notice of appeal out of time
- 2.Whether the reasons for the delay, its length, the chances of the appeal succeeding and any prejudice to the respondent justify the extension
Key legal issues
#Whether delay occasioned by delivery of judgment without notice to the parties justifies extension of time
Yes. Where judgment is delivered in the absence of the parties without notification of the delivery date, the resulting delay is attributable to reasons beyond the applicant's control, and prompt application thereafter warrants extension of time.
The court found the judgment was delivered on 30th October 2025 without the parties being notified; the applicant learned of it only upon inquiry on 22nd November 2025, by which time the notice-of-appeal period had expired. He filed the application on 2nd December 2025, acting expeditiously. The application was unopposed, no replying affidavit having been filed, and no prejudice to the respondent was identified. The court was convinced the delay was beyond the applicant's control and allowed the application.
Legal principles established
#- An application under Rule 4 of the Court of Appeal Rules is an exercise of judicial discretion governed by four principles: reason for delay, length of delay, chances of the appeal succeeding, and prejudice to the respondent.
Court orders
#- 1.Extension of time granted to file the notice of appeal out of time
- 2.The notice of appeal to be filed and served within forty-five (45) days of the date of the ruling
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (inherent/appellate discretion to extend time)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The applicant is granted extension of time to file the notice of appeal out of time. The said notice of appeal shall be filed and served within forty-five(45) days of today’s date. There shall be no orders as to costs.
The Judgment that is subject of this application was delivered in the absence of the parties. The parties were not notified of the date the Judgment was to be delivered.
This Court is convinced by the reasons advanced by the applicant for delay in lodging the notice of appeal in time. It was reasons beyond his control.
Issues in the judgment
#The judgment does not state the case number, the neutral citation, or the name of the respondent; the parties and the appeal below are identified only generically.
The judgment is signed only by L. Kimaru, JA, and includes a Deputy Registrar certification that it is a true copy of the original, suggesting this is a certified copy rather than the original signed judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Omole (Suing as the Legal Representative of the Estate of the Late Grace Adhiambo Dongo - Deceased) v Rorio (Civil Application E163 of 2025) [2026] KECA 209 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/209/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.