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Court of AppealDismissedNot stated in the judgment

Kadima t/a Kadima & Company Advocates v Kedong Ranch Limited (Civil Application E231 of 2025) [2026] KECA 568 (KLR)

Court of Appeal
16 March 2026
1,388 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to forgive a year-long filing delay because the applicant's explanation was weak, even though the appeal itself might have had merit.

What this practically means

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Executive summary

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This was a single-judge application under Rule 4 of the Court of Appeal Rules, 2022 seeking orders that letters requesting typed proceedings (dated 24th April 2024, 19th February 2025, 29th April 2025 and 30th October 2025) be deemed served out of time, and that a record of appeal filed on 17th December 2025 be deemed duly filed and served. The applicant attributed the failure to serve to inadvertent error. The respondent opposed, arguing the application was a kneejerk reaction to a pending striking-out application, that the record of appeal was not filed within time and lacked a valid certificate of delay, and that the applicant's reasons were internally inconsistent. The Court restated the governing framework: Rule 4 confers a discretion exercisable 'on such terms as may be just', guided by the Supreme Court's criteria in Nicholas Kiptoo Arap Korir Salat vs. IEBC, and by the principle that a plausible explanation covering the entire period of delay is the key that unlocks the Court's discretion. The Court observed that judgment had been delivered on 18th April 2024 while the letters sought to be validated came much later, that the applicant appeared to be reacting to the respondent's striking-out application, and that the long delay had not been satisfactorily accounted for. Holding that an implausible explanation is a sufficient standalone ground for refusal regardless of the appeal's merits, the Court dismissed the application with costs to the respondents.

Questions the Court framed

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

  1. 1.Whether the letters requesting typed proceedings dated 24th April 2024, 19th February 2025, 29th April 2025 and 30th October 2025 should be deemed served out of time
  2. 2.Whether the record of appeal filed on 17th December 2025 should be deemed duly filed and served
  3. 3.Whether the applicant has given a plausible explanation for the delay warranting extension of time

Key legal issues

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01

Whether the applicant's explanation for the delay was plausible and satisfactory under the Salat criteria

Holding

The Court found the explanation unsatisfactory: the letters sought to be validated came over a year after the judgment and the applicant only moved upon the respondent's striking-out application

Reasoning

The Court applied the Salat guidelines and the requirement of a plausible explanation covering the whole period. The earliest letter was over one year after the judgment delivered on 18th April 2024, and the applicant appeared to be reacting to the respondent's striking-out application. An implausible explanation is a standalone ground for refusal, so the application failed regardless of arguability of the appeal.

p. 3
02

The legal framework governing extension of time under Rule 4

Holding

Extension of time is an equitable discretionary remedy; the applicant bears the burden of laying a basis, and a plausible explanation is the key that unlocks the balancing exercise

Reasoning

Rule 4 confers discretion 'on such terms as may be just', measured against the interests of justice: balancing the explanation for delay, prospects of success, importance of the case and prejudice. The Salat criteria frame the enquiry; explanation of delay is a crucial though not sole factor; without a plausible explanation the Court will not extend time even for a meritorious appeal.

p. 3

Legal principles established

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  • An unsatisfactory or implausible explanation for delay is a sufficient standalone ground to refuse extension of time regardless of the appeal's merits
  • The explanation for delay must cover the entire period and be plausible and honest; a vague or partial explanation will not trigger the discretion
  • Shifting blame to counsel without showing personal diligence is insufficient for extension of time

Court orders

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  1. 1.The application dated 23rd January 2026 is dismissed with costs to the respondents

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022

Relief refused

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Deeming the letters requesting typed proceedings as admitted and duly served out of time

The long delay was not satisfactorily accounted for; the explanation was implausible

p. 3

Deeming the record of appeal filed on 17th December 2025 as duly filed and served

It followed from the refusal to validate the out-of-time letters; the reason for delay was unsatisfactory

p. 3

Costs

The application dated 23rd January 2026 is dismissed with costs to the respondents.

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.

Extension of time is not right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court;
p. 2nature of extension of time
A plausible explanation, however, is the "key that unlocks the door" to this balancing exercise.
p. 3role of explanation for delay
I am not persuaded that the reason ofiered is satisfactory. The upshot is that the application dated 23rd January 2026 is dismissed with costs to the respondents.
p. 3disposition
condonation for delay is not a right and that "hard-earned judgments" should not be lightly disturbed or enjoyment of the fruits of the judgment delayed.
p. 2finality of judgments

Issues in the judgment

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minor

The judgment does not name the parties or the appeal number; the case title and case number cannot be reliably recorded

minor

Internal date inconsistency: the letters are described as 'all dated 2025' yet the earliest letter is dated 24th April 2024

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, "Kadima t/a Kadima & Company Advocates v Kedong Ranch Limited (Civil Application E231 of 2025) [2026] KECA 568 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/568/eng@2026-03-16

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