Pauline Chepkorir Mibei & Another v Rhoda Chebwongen Mibei & Another
The bottom line
#Kenya's Court of Appeal confirmed that applications for leave to appeal in civil matters must be filed within 14 days, with no extension possible under Rule 41(1)(b).
What this practically means
#Executive summary
#Key legal issues
#Whether Rule 41(1)(b) of the Court of Appeal Rules, 2022 is mandatory
It is mandatory. The use of 'shall' denotes obligation, and unlike Rule 41(2) and (3) on certification of general public importance, the drafters opened no window for extension of time in respect of leave applications under sub-rule (1)(b).
The court applied the ordinary rule of statutory construction that 'shall' is a word of command. It contrasted Rule 41(1)(a), which uses the permissive 'may', with Rule 41(1)(b), which uses 'shall'. It also noted that Rule 41(3) deliberately provides an out-of-time mechanism only for certification applications, showing the drafters consciously omitted one for leave applications under sub-rule (1)(b), despite being aware of Rule 4.
Effect of failure to seek leave within the prescribed period
The application for extension of time was incompetent and dismissed; an appeal or application filed without the mandated leave and outside the 14-day period cannot be rescued by extension of time in these circumstances.
The applicants neither sought leave from the trial court nor moved the Court of Appeal within 14 days. Their advocates' inadvertence and the 28-day delay did not satisfy the requirements for extension. The application was therefore 'dead on arrival' and had to be dismissed, though costs were spared given the family nature of the dispute.
Legal principles established
#- Rule 41(1)(b) of the Court of Appeal Rules, 2022 is mandatory: an application for leave to appeal to the Court of Appeal in a civil matter must be made within 14 days of the decision, and no window for extension of time is open in respect of that sub-rule
- The word 'shall' in a statutory provision imports a command and is mandatory, while 'may' is permissive or directory
Court orders
#- 1.The application dated 8th December 2025 is dismissed
- 2.No order as to costs, bearing in mind that this is a family dispute
- On appeal from
- High Court of Kenya (Bomet)
- BOMET HCFP&A E047 of 2023
- Jurisdiction invoked
- Rule 4 and Rule 41 of the Court of Appeal Rules, 2022 (extension of time and leave to appeal in civil matters)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pauline Chepkorir Mibei & Another v Rhoda Chebwongen Mibei & Another", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/567/eng@2026-03-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.