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Court of AppealAllowedApplication dated 13th March 2025

Nairobi City County v Kariobangi Sewerage Farmers Self-Help Group & 2 others (Civil Application E363 of 2025) [2026] KECA 444 (KLR)

Court of Appeal of Kenya
6 March 2026
1,197 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal gave Nairobi City County more time to appeal, ruling a nine-month delay was excusable because the county was never told of the judgment.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal, Nairobi, delivered by Jamila Mohammed, JA, on a single-judge application dated 13th March 2025 brought under Rule 4 of the Court of Appeal Rules, 2022 by Nairobi City County. The applicant sought extension of time to file and serve a notice of appeal and record of appeal against the judgment of the Environment and Land Court (L. Komingoi, J.) delivered on 20th June 2024. The applicant explained that it only learned of the judgment about two months after delivery upon making inquiries with its former advocates, then instructed new counsel whose efforts were hindered by delay in retrieving the file, resulting in an approximate nine-month delay. The application was uncontested; the respondents filed neither a replying affidavit nor submissions. Applying the settled factors from L Leo Sila Mutiso v Hellen Wangari Mwangi - length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent - and the Supreme Court's principles in Nicholas Kiptoo Arap Korir Salat, the court held that the delay of about nine months was not inordinate given the explanation offered, that a litigant ought not be unduly penalised for counsel's mistakes, and that a single judge under Rule 4 cannot determine the merits of the intended appeal with finality. The application was allowed; the applicant was ordered to file and serve the appeal within fourteen days, with costs of the motion in the intended appeal. The decision below was not disturbed.

Questions the Court framed

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

  1. 1.Whether the applicant has satisfied the threshold for the exercise of the Court's discretion under Rule 4 of the Court of Appeal Rules, 2022 to extend time to file and serve the notice of appeal and record of appeal

Key legal issues

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01

Whether a delay of approximately nine months in lodging a notice of appeal is inordinate where the applicant was unaware of the judgment and there was delay in retrieving the file from former advocates

Holding

The delay was not inordinate given the explanation offered and the unopposed nature of the application; time was extended.

Reasoning

Judgment was delivered on 20th June 2024 and the application filed 13th March 2025, a delay of about nine months. The court accepted that the applicant was not informed by its former advocates of the judgment and only learned of it two months later upon inquiry, and that retrieving the file further delayed the new counsel. Whether delay is inordinate depends on the circumstances of each case; a satisfactory explanation grounded in practical realities may justify it. Litigants should not be unduly penalised for counsel's mistakes.

p. 3
02

Whether a single judge under Rule 4 may assess the merits of the intended appeal

Holding

No; a single judge does not determine with finality whether the intended appeal has merit.

Reasoning

Citing Athuman Nusura Juma v Afwa Mohamed Ramadhan, the court held that whether the intended appeal has merit is not an issue to be determined with finality by a single Judge; the applicant's assertion of high prospects of success cannot be definitively evaluated at the Rule 4 stage.

p. 3
03

Whether a litigant should be shut out for the mistakes of counsel

Holding

In appropriate circumstances a litigant ought not to be unduly penalised for the mistakes of counsel.

Reasoning

Relying on Belinda Murai & 9 Others v Amos Wainaina and Philip Chemwolo & Another v Augustine Kubende, the court reaffirmed that blunders occur and it does not follow that a mistake by a lawyer closes the door of justice or shuts a party out from having its case determined on the merits.

p. 3

Legal principles established

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  • A single judge exercising jurisdiction under Rule 4 does not determine the merits of the intended appeal.
  • Whether delay is inordinate depends on the circumstances of each case, and a satisfactory explanation may justify even a lengthy delay.
  • The Rule 4 discretion, though unfettered, must be exercised judicially on the established principles of length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent.

Court orders

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  1. 1.The application dated 13th March 2025 is allowed
  2. 2.The applicant shall file and serve the appeal within fourteen (14) days from the date of the ruling
  3. 3.The costs of the motion shall be in the intended appeal

The bench

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

majority

Wrote the judgment

On appeal from
Environment and Land Court
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022 (extension of time, exercised by a single judge)

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.

Accordingly, the application dated 13th March 2025 is allowed.
p. 3Disposition - extension of time granted
The applicant shall file and serve the appeal within fourteen (14) days from the date of this ruling.
p. 3Final orders - timeline for filing appeal
The costs of the motion shall be in the intended appeal.
p. 3Costs order
a mistake is a mistake… the door of justice is not closed because a mistake has been made by a lawyer.
p. 3Mistakes of counsel
extension of time is not a right but an equitable remedy available only to a deserving party who has laid a satisfactory basis for the exercise of the Court's discretion
p. 2Nature of Rule 4 discretion

Issues in the judgment

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minor

The judgment is dated '6TH DAY OF MARCH, 2026' although the application is dated 13th March 2025 and described as such; the delivery date post-dates the application year by one year and the internal chronology refers to events in December 2024, which is consistent, but the 2026 date may be a typographical error for 2025.

minor

The introductory text describes the ruling as a 'judgment' while it is in substance a ruling on a Rule 4 application; the applicant is described as 'the applicant' though styled as appellant in the intended appeal.

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, "Nairobi City County v Kariobangi Sewerage Farmers Self-Help Group & 2 others (Civil Application E363 of 2025) [2026] KECA 444 (KLR)", Case Analysis (2026). Application dated 13th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/444/eng@2026-03-06

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