Kiarie v Karai Farmers Cooperative Society Limited & another (Civil Application E023 of 2026) [2026] KECA 790 (KLR)
The bottom line
#The Court of Appeal ruled that challenges to a single Judge's refusal to extend appeal time must go before a full bench, not back to the single Judge.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application before the single Judge was properly placed, or whether it is a reference that must be heard by a full bench
Key legal issues
#Competent forum for review of a single Judge's decision
A party aggrieved by a single Judge's dismissal of an extension-of-time application must pursue the matter by way of reference before a full bench, not by a fresh application before a single Judge
The applicant was aggrieved by Warsame, JA's decision of 31st October 2025 dismissing her extension of time to file a notice of appeal against a ruling of 16th October 2024. Her motion sought review or setting aside of that order. Because review of a single Judge's decision lies to the full Court, Mativo, JA held the matter could not be heard as a single Judge matter and directed placement before a full bench.
Legal principles established
#- An application seeking review or setting aside of a single Judge's decision dismissing an extension-of-time application is a reference to a full bench, not a single Judge matter
Court orders
#- 1.The application dated 9th February 2026 to be listed before a full bench of the Court of Appeal for hearing and determination
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal of Kenya (single Judge)
- null
- Jurisdiction invoked
- Inherent procedural jurisdiction of a single Judge of the Court of Appeal to direct listing of a matter before a full bench
Relief refused
#None - no substantive relief determined
The court only gave a procedural direction, finding it lacked competence to determine the matter as a single Judge
Costs
No costs order made
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.
Evidently this application is not a single Judge matter but a reference to a full bench of this Court.
Accordingly, I direct that the said application be listed before a full bench of this Court for hearing and determination.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiarie v Karai Farmers Cooperative Society Limited & another (Civil Application E023 of 2026) [2026] KECA 790 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/790/eng@2026-04-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.