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Court of AppealAllowedNot stated in the judgment

Sanlam Insurance Limited (Formerly known as Pan Africa Insurance Ltd) & another v Were & another (Civil Appeal (Application) E539 of 2025) [2026] KECA 370 (KLR)

Court of Appeal of Kenya
27 February 2026
536 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal extended time to file an appeal record, ruling a three-day delay caused by e-filing system outages was not fatal.

What this practically means

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Executive summary

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This is a single-judge interlocutory ruling of the Court of Appeal at Nairobi delivered by Jamila Mohammed, JA, on 27th February 2026, in an application by Sanlam Insurance Limited (formerly Pan Africa Insurance Ltd) Sanlam Kenya PLC against Linda Were and Stanbic Bank Kenya Limited. By Notice of Motion dated 12th August 2025 under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2022, the applicants sought extension of time to lodge and serve their Record of Appeal and an order deeming the record dated 10th July 2025 and lodged on 15th July 2025 as properly filed. The three-day delay was attributed to intermittent outages of the Judiciary electronic filing system between 10th and 12th July 2025. The respondents filed no response or submissions. The court applied the Supreme Court's Salat and County Executive of Kisumu principles and its own precedents in Leo Sila Mutiso and Stanley Kang'ethe Kinyanjui, holding that the three-day delay was minimal and not inordinate, the explanation was satisfactory, the applicants had shown diligence, the intended appeal was not shown to be frivolous, and no prejudice incapable of compensation by costs had been demonstrated. The application was allowed: time was extended, the record was deemed duly filed, service was directed within seven days, and the costs of the application were ordered to abide the outcome of the appeal.

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 extension of time to lodge and serve the Record of Appeal
  2. 2.Whether the Record of Appeal dated 10th July 2025 and lodged on 15th July 2025 should be deemed as properly filed

Key legal issues

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01

Whether a three-day delay in lodging a Record of Appeal, attributed to outages of the Judiciary e-filing system, warrants extension of time

Holding

The delay was minimal and not inordinate; the applicants showed diligence and no prejudice was demonstrated, so extension was granted.

Reasoning

The court applied the Salat and Kisumu factors. The delay of three days was found minimal and incapable of being inordinate. The explanation - intermittent outages of the Judiciary electronic filing system between 10th and 12th July 2025 - was satisfactory, and the applicants had prepared the record within time and attempted prompt upload. The application was unopposed, the intended appeal was not shown to be frivolous, and any prejudice could be compensated by costs. The overriding objective under Sections 3A and 3B of the Appellate Jurisdiction Act supported the exercise of discretion.

p. 2

Legal principles established

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  • Rule 4 of the Court of Appeal Rules vests a wide and unfettered discretion to extend time, which must be exercised judiciously on the Salat principles: length of delay, reason for delay, prejudice to the respondent, and whether the application was brought without undue delay.

Court orders

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  1. 1.Time is hereby extended for the applicants to lodge and serve the Record of Appeal
  2. 2.The Record of Appeal dated 10th July 2025 and lodged on 15th July 2025 is deemed as duly filed and properly on record
  3. 3.Counsel for the applicant to serve the record of appeal on the respondents' counsel within seven (7) days from the date of this ruling
  4. 4.The costs of this application shall abide the outcome of the appeal

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2022

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.

The delay herein is three (3) days. In the circumstances of this case, I find that such delay is minimal and cannot be considered inordinate.
p. 2length of delay
Time is hereby extended for the applicants to lodge and serve the Record of Appeal.
p. 2final orders - extension of time
The Record of Appeal dated 10th July 2025 and lodged on 15th July 2025 is deemed as duly filed and properly on record.
p. 2final orders - deemed filing
The costs of this application shall abide the outcome of the appeal.
p. 2final orders - costs

Issues in the judgment

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minor

The judgment is styled as a single-judge ruling ('I find', 'Accordingly, I direct') signed by Jamila Mohammed alone, yet the brief format contemplates a panel; it is an interlocutory ruling rather than a full appellate judgment

minor

The application seeks extension to lodge a Record of Appeal, but the record was in fact already lodged on 15th July 2025 and is only sought to be deemed properly filed

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, "Sanlam Insurance Limited (Formerly known as Pan Africa Insurance Ltd) & another v Were & another (Civil Appeal (Application) E539 of 2025) [2026] KECA 370 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/370/eng@2026-02-27

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