Sanlam Insurance Limited (Formerly known as Pan Africa Insurance Ltd) & another v Were & another (Civil Appeal (Application) E539 of 2025) [2026] KECA 370 (KLR)
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicants should be granted extension of time to lodge and serve the Record of Appeal
- 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
#Whether a three-day delay in lodging a Record of Appeal, attributed to outages of the Judiciary e-filing system, warrants extension of time
The delay was minimal and not inordinate; the applicants showed diligence and no prejudice was demonstrated, so extension was granted.
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.
Legal principles established
#- 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
#- 1.Time is hereby extended for the applicants to lodge and serve the Record of Appeal
- 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.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.The costs of this application shall abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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.
Time is hereby extended for the applicants to lodge and serve the Record of Appeal.
The Record of Appeal dated 10th July 2025 and lodged on 15th July 2025 is deemed as duly filed and properly on record.
The costs of this application shall abide the outcome of the appeal.
Issues in the judgment
#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
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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.