Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealOtherNot stated in the judgment· [2026] KECA 488 (KLR)

The County Government of Kisumu & 1 other v Meptax Consultum Limited

Court of Appeal of Kenya
10 March 2026
178 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal ruled that only a full bench of judges can review its own decisions, so the application was sent to a full bench.

What this practically means

#

Executive summary

#
This is a brief ex tempore ruling of the Court of Appeal at Kisumu delivered by Kimaru, JA, on 10th March, 2026. The applicant had lodged an application whose object was ambiguous: it could be read either as a request for leave to file an appeal out of time or as a request that the Court review its own decision of 28th November, 2025, by which a full bench struck out the applicant's appeal because the record of appeal was filed out of time without leave, contrary to Rule 84(1) of the Court of Appeal Rules. The Court resolved the ambiguity by looking to the substance of the application, holding that on either reading the applicant was in truth seeking review of a decision of the full bench of the Court. Because a single Judge lacks jurisdiction to review a decision of the full bench, the Court held that it lacked the requisite jurisdiction to consider the application and did not rule on its merits. Instead of dismissing the application outright, the Court directed that it be listed for hearing before a full Bench of the Court, preserving the applicant's opportunity to have the application determined by the properly constituted forum. The Court made no orders as to costs. The ruling is a short interlocutory jurisdictional direction rather than a substantive determination, and it binds no new principle beyond confirming that review of full-bench decisions is a matter for a full bench.

Key legal issues

#
01

Characterisation of the application - out-of-time leave or review of a full-bench decision

Holding

Whichever characterisation is adopted, the thrust of the application is for review of the full bench's decision, which the single Judge cannot entertain.

Reasoning

The Court observed that the application was unclear as to whether it sought leave to file an appeal out of time or review of the decision of 28th November, 2025 striking out the appeal for want of leave under Rule 84(1). Reading the substance of the application, the Court held that in either view it amounted to a quest for review of a full-bench decision, a matter outside the jurisdiction of the Judge seised, requiring referral to a full Bench.

p. 1

Legal principles established

#
  • A single Judge of the Court of Appeal lacks jurisdiction to review a decision of the full bench of the Court; such an application must be placed before a full Bench.

Court orders

#
  1. 1.That the application be listed for hearing before a full Bench of the Court
  2. 2.That there be no orders as to costs
Jurisdiction invoked
Inherent appellate jurisdiction of the Court of Appeal under the Court of Appeal Rules (Rule 84(1) invoked on the facts); the Court found it lacked jurisdiction to review its own decision

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "The County Government of Kisumu & 1 other v Meptax Consultum Limited", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/488/eng@2026-03-10

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