Standard Chartered Bank Limited v Moloi (Civil Application E011 of 2026) [2026] KECA 573 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed you can still revive an appeal after your notice is struck out, if you explain the delay and act fast.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether a litigant whose notice of appeal has been struck out may apply for an extension of time to file a fresh notice of appeal and record of appeal
- 2.Whether the applicant gave a sufficient reason for the delay
- 3.Whether the intended appeal is arguable and whether it would be rendered nugatory if leave is refused
- 4.Whether any prejudice would be suffered by the respondent
Key legal issues
#Whether the Court may extend time for filing a fresh notice of appeal after a prior notice of appeal has been struck out
Yes. The Court of Appeal Rules, 2022 permit a litigant whose notice of appeal has been struck out to apply for extension of time to file a fresh notice of appeal and record of appeal, and Rule 4 confers an unfettered discretion on a single Judge for this purpose.
The court noted that a litigant whose notice of appeal has been struck out is not without remedy: Rule 4 allows a single Judge to extend time for any act required by the rules, including acts that fell due before the application. The respondent's argument that the application sought to vary a full-bench decision did not prevail.
Whether the interests of justice warranted the extension sought
Yes. The court found the respondent, who had since been substantively reinstated, would suffer no prejudice, and the interests of justice favoured granting the extension.
Applying the established factors - length of and reasons for delay, merits of the appeal and prejudice - the judge found the applicant had offered an explanation (a medical emergency affecting counsel) and that the reinstated respondent would not be prejudiced. Extensions are discretionary concessions, not entitlements, but here the balance favoured the applicant.
Legal principles established
#- Under Rule 4 of the Court of Appeal Rules, 2022, a single Judge has discretion to extend time even where the act to be extended was required to be done before the application was made, including after a notice of appeal has been struck out.
- Extension of time is not a matter of right but a concession granted at the Court's discretion, assessed on the length of and reasons for delay, the merits of the intended appeal and prejudice to the other party.
Court orders
#- 1.Application allowed
- 2.Applicant directed to file the notice of appeal and the appeal within 14 days from the date of the ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- Cause No. E005 of 2023
- Jurisdiction invoked
- Court of Appeal Rules, 2022, Rule 4 (discretion of a single Judge to extend time)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I allow the application and direct the applicant to file the notice of appeal and the appeal within 14 days from today.
Courts do not grant these extensions as a matter of right; they are a "concession granted at the Court's discretion" based on the interests of justice.
Rule 4 grants a single Judge of the Court unfettered discretion to extend the time limited by the rules for doing any authorized or required act.
Issues in the judgment
#The judgment does not name the parties or the appeal number of the application before the single Judge; the case is identified only through the underlying ELRC Cause No. E005 of 2023.
The judgment records no costs order.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Standard Chartered Bank Limited v Moloi (Civil Application E011 of 2026) [2026] KECA 573 (KLR)", Case Analysis (2026). Not stated in the judgment (arising from ELRC Cause No. E005 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/573/eng@2026-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.