Jackton Wiyema Imbwaka & 1 other v Kingdom Bank Ltd (former Jamii Bora Ltd) & 1 other
The bottom line
#The Court of Appeal refused to extend time for filing an appeal because the applicants couldn't explain a delay of over a year and a half.
What this practically means
#Executive summary
#Key legal issues
#Principles governing extension of time under Rule 4
The discretion under Rule 4 is unfettered but must be exercised judicially on the settled principles of length of delay, reason for delay, arguability of the intended appeal and prejudice to the respondent.
The court restated the principles from Leo Sila Mutiso, Fakir Mohamed and Nicholas Kiptoo Arap Korir Salat. The delay here exceeded one year and five months from the ruling of 16th February 2024 and was plainly inordinate, calling for a plausible and satisfactory explanation which the applicants failed to give.
Sufficiency of the explanation for the delay
The explanation based on non-supply of the certified ruling failed: no certificate of delay was produced, a certified ruling is not needed to lodge a notice of appeal, and the applicants' chronology was internally inconsistent.
The applicants claimed the ruling was only availed on 30th October 2025, yet their application was filed on 28th July 2025, undermining credibility. Without a certificate of delay the alleged administrative delay remained unverified and could not discount the delay period.
Arguability and prejudice in the Rule 4 balance
The intended appeal was arguable and no prejudice was demonstrated to the respondents, but neither factor alone justified enlargement of time given the inordinate, unexplained delay.
The court accepted that the issues on competence of pleadings by an unqualified entity, res judicata and contempt met the low arguability threshold, and found no demonstrated prejudice. However, absence of prejudice cannot cure a fundamentally deficient explanation for delay.
Legal principles established
#- A certificate of delay is the recognised legal basis for accounting for time spent awaiting proceedings or a ruling; absent it, alleged administrative delay cannot explain or discount the period of delay.
- A party does not require a certified copy of a ruling in order to lodge a notice of appeal.
- Arguability of an intended appeal and absence of prejudice to the respondent cannot cure an inordinate and unexplained delay under Rule 4.
Court orders
#- 1.The motion dated 28th July 2025 is dismissed
- On appeal from
- High Court (superior court)
- null
- Jurisdiction invoked
- Rules 4, 41 and 42 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jackton Wiyema Imbwaka & 1 other v Kingdom Bank Ltd (former Jamii Bora Ltd) & 1 other", Case Analysis (2026). Not stated in the judgment (motion dated 28th July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1255/eng@2026-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.