Richard Kiprono Bill & 3 others v Wilson Keter & 1 other
The bottom line
#Kenya's Court of Appeal refused to revive a stalled appeal, holding that financial hardship and ignorance of filing deadlines do not excuse a two-year delay.
What this practically means
#Executive summary
#Key legal issues
#Principles governing extension of time under rule 4
The court applies the Leo Sila Mutiso factors and the Salat principles: extension of time is discretionary and equitable, considering length of delay, reason for delay, arguability of the appeal and prejudice to the respondent.
Rule 4 does not prescribe factors, so courts have devised principles from precedent. The Mutiso parameters and the Supreme Court's Salat guidelines govern. Extension is not a right but an equitable remedy for a deserving party who lays a basis to the court's satisfaction, considered case by case.
Length of delay
There is no maximum or minimum period of delay, but the delay here was inordinate.
Judgment was delivered on 12th October 2023; a notice of appeal was lodged in October 2023, but leave to lodge the appeal was sought from the High Court only in October 2025 and dismissed, and the present application is dated 26th March 2026. The law sets no minimum or maximum period, but any delay must be satisfactorily explained.
Explanation for the delay
Financial hardship and ignorance of the law do not excuse the delay; the application failed.
The applicants claimed financial hardship prevented them retaining counsel and that, as lay persons, they were unaware of statutory timelines. The court held ignorance of the law is no defence, and that lodging a notice of appeal demonstrated they had some guidance on the appellate process, undermining their candour.
Legal principles established
#- Ignorance of the law and lack of counsel do not, without more, justify delay in filing an appeal.
- Where the reason for delay is not satisfactorily explained, the court need not consider the remaining extension-of-time factors.
Court orders
#- 1.The application for extension of time is dismissed
- 2.No orders as to costs, since no response was made to the application
- On appeal from
- High Court
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Kiprono Bill & 3 others v Wilson Keter & 1 other", Case Analysis (2026). Notice of Motion dated 26th March 2026 (Court of Appeal, Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/883/eng@2026-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.