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Court of AppealStruck OutNotice of Motion dated 22nd July 2025 (arising from HCCHRPET/E481/2022)

Munyi (Suing as next of friend of CMM - Minor) & another v Minet Kenya Insurance Brokers Ltd & another (Civil Application E508 of 2025) [2026] KECA 383 (KLR)

Court of Appeal of Kenya
27 February 2026
524 words in judgment
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The bottom line

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Kenya's Court of Appeal struck out an extension-of-time application because the appellant never filed the required Notice of Appeal within fourteen days of judgment.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi by P. Nyamweya JA, delivered in chambers on 27th February 2026. Bernard Muriuki Munyi, whose constitutional petition concerning the Minor CMM was dismissed by Mwita J on 9th December 2024, sought leave to file and serve an appeal out of time, attributing the delay to the 72 days the High Court took to prepare certified proceedings, evidenced by a Certificate of Delay showing receipt on 28th February 2025. The Court struck out the application as incompetent. It held that under Rule 77(2) of the Court of Appeal Rules, 2022, a Notice of Appeal must be filed within fourteen days of the decision; the Applicant neither filed one, averred to filing one, sought extension of time for it, nor explained its omission. Certified proceedings are not required to accompany a Notice of Appeal, so the Certificate of Delay was no answer. Since the Notice of Appeal is the pleading that triggers the Court's jurisdiction, no application relating to an intended appeal could be entertained in its absence. Costs were not awarded. The High Court judgment itself was not disturbed. The binding proposition is that a Notice of Appeal is a jurisdictional prerequisite to any application relating to an intended appeal, and its absence renders such an application incompetent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application for leave to file and serve the appeal out of time is competent in the absence of a filed Notice of Appeal
  2. 2.Whether the delay in preparing certified proceedings justifies extension of time

Key legal issues

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01

Competence of an extension-of-time application where no Notice of Appeal was filed

Holding

The application is incompetent because no Notice of Appeal was filed and no prayer or reasons addressed its omission

Reasoning

Rule 77(2) mandates filing a Notice of Appeal within fourteen days of the decision. The Applicant never averred to filing one nor produced it, sought no extension of time for filing it, and gave no reason for the omission. Certified proceedings were irrelevant to that obligation. Absent the Notice of Appeal, the Court cannot entertain the application, which must be struck out.

p. 2
02

Whether delay in obtaining certified proceedings excuses the delay

Holding

Delay in preparing certified proceedings does not excuse failure to file a Notice of Appeal, since no certified proceedings are required for that step

Reasoning

The Applicant attributed the delay to the 72 days the High Court took to prepare certified proceedings. The Court held that a Notice of Appeal does not require certified proceedings, so the Certificate of Delay did not justify the failure to lodge the Notice within fourteen days.

p. 2

Legal principles established

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  • A Notice of Appeal filed within fourteen days of the decision is a prerequisite to the Court of Appeal's jurisdiction over any application relating to an intended appeal; without it, an application for extension of time to file the substantive appeal is incompetent.
  • Rule 77(2) of the Court of Appeal Rules, 2022 requires a Notice of Appeal to be filed within fourteen days of the decision, and certified proceedings need not accompany it.

Court orders

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  1. 1.The application dated 22nd July 2025 is struck out
  2. 2.No orders as to costs

The bench

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

majority

Wrote the judgment

On appeal from
High Court of Kenya at Nairobi
HCCHRPET/E481/2022
Jurisdiction invoked
Rule 77(2) of the Court of Appeal Rules, 2022 - extension of time to file appeal

Relief refused

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Leave to file and serve the appeal out of time against the High Court judgment of 9th December 2024

No Notice of Appeal was filed within the required fourteen days, no prayer sought extension of time for filing the Notice of Appeal, and no reason was given for its omission; without a Notice of Appeal the Court's jurisdiction is not triggered

p. 2

Costs

No orders as to costs

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.

Absent a notice of appeal, I cannot consider the plea and reasons for extension of time to file the substantive appeal, since the Notice of Appeal is the main pleading that triggers this Court’s jurisdiction to hear any application in relation to an appeal
p. 2jurisdiction - Notice of Appeal as jurisdictional trigger
The application dated 22nd July 2025 is accordingly struck out for the above reasons, with no orders as to costs.
p. 2final orders - striking out
In effect, the instant application is incompetently filed before this Court.
competence of the application

Issues in the judgment

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minor

The judgment states the parties had not filed responses and there was no evidence the respondents were served, yet the Court refers to perusing submissions without explaining their provenance

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, "Munyi (Suing as next of friend of CMM - Minor) & another v Minet Kenya Insurance Brokers Ltd & another (Civil Application E508 of 2025) [2026] KECA 383 (KLR)", Case Analysis (2026). Notice of Motion dated 22nd July 2025 (arising from HCCHRPET/E481/2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/383/eng@2026-02-27

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