Cherono v Kenya Power and Lighting Company Limited (Civil Appeal (Application) E400 of 2025) [2026] KECA 368 (KLR)
The bottom line
#Kenya's Court of Appeal refused to excuse a wrong date in a Notice of Appeal, ending the appeal before it began.
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 discrepancy between the date of the impugned judgment (29th January 2025) and the date cited in the Notice of Appeal (31st January 2025) is a mere technical lapse curable under Article 159(2)(d) of the Constitution or a substantive jurisdictional defect
- 2.Whether extension of time to file and serve the Record of Appeal out of time can issue in aid of an appeal founded on a defective Notice of Appeal
Key legal issues
#Whether an extension of time under Rule 4 can validate an appeal instituted by a Notice of Appeal citing a wrong date of the impugned judgment
It cannot. A Notice of Appeal is the jurisdictional foundation of an appeal; citing a wrong date identifies a different judicial determination and renders the notice incurably defective. Extension of time cannot issue in aid of a jurisdictionally defective foundation.
The discretion under Rule 4 is wide and unfettered but must be exercised judicially upon settled principles and in furtherance of justice. Before exercising discretion, the Court must be satisfied there is a competent appeal capable of being regularized. Article 159(2)(d) is not a panacea for jurisdictional defects; procedural rules are handmaidens of justice but not irrelevant. Because the Notice of Appeal referenced a judgment delivered on a date different from the actual judgment of 29th January 2025, no competent appeal existed to regularize, and the application was fatally defective regardless of the explanation for delay.
Legal principles established
#- A Notice of Appeal citing the wrong date of the impugned decision is incurably defective and goes to jurisdiction; extension of time cannot cure a jurisdictionally defective foundation.
Court orders
#- 1.The Notice of Motion dated 3rd June 2025 is dismissed with costs to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- Not stated in the judgment
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2022
Relief refused
#Extension of time to file and serve the Record of Appeal out of time, and deeming of the Record of Appeal filed 27th May 2025 as duly filed and served
The Notice of Appeal cited the wrong date of the impugned judgment, an incurably substantive defect depriving the Court of jurisdiction over the 29th January 2025 judgment
Costs
The Notice of Motion dated 3rd June 2025 is dismissed with costs to the respondent.
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 discrepancy in the date of the impugned judgment is not cosmetic; it identifies a difierent judicial determination. This Court cannot assume jurisdiction over a judgment not properly referenced in a valid Notice of Appeal. The defect is substantive and goes to the competence of the appeal.
In the absence of a Notice of Appeal referencing the judgment delivered on 29th January 2025, there is no competent appeal capable of being validated through extension of time. Extension of time cannot issue in vacuo or in aid of a jurisdictionally defective foundation.
The Notice of Motion dated 3rd June 2025 is hereby dismissed with costs to the respondent.
Issues in the judgment
#The judgment text contains OCR errors, e.g. 'reafirmed' and 'difi erent', which affect verbatim quoting fidelity.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cherono v Kenya Power and Lighting Company Limited (Civil Appeal (Application) E400 of 2025) [2026] KECA 368 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/368/eng@2026-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.