Mumias Sugar Company v Prof.tom Ojienda & Associates
The bottom line
#Kenya's Court of Appeal ruled an appeal was filed on time because the waiting period for typed court proceedings doesn't count toward the 60-day filing deadline.
What this practically means
#Executive summary
#Key legal issues
#Exclusion of the certified preparation period in computing the 60-day timeline for filing a Record of Appeal
The 72 days certified by the Deputy Registrar as required to prepare, type and certify the proceedings, plus the period until collection on 5th May 2021, are excluded; the appeal filed on 8th June 2021 was therefore within time, approximately 34 days after collection.
The proviso to Rule 82(2) (now Rule 84(2) of the 2022 Rules) excludes the time certified by the Registrar as required for preparation and delivery of proceedings. The applicant applied for and paid for proceedings on the day of the ruling and copied the request to the respondent, satisfying the service requirement of Rule 84(2). Following Ndirangu & 3 Others v Isosho, the excluded period runs to delivery or notification of readiness, and here the proceedings were collected on 5th May 2021.
Whether rule 85 can be invoked to deem a Notice of Appeal withdrawn after the Record of Appeal has been filed
No. Rule 85, the deeming provision, deals only with a Notice of Appeal, not a Record of Appeal; once an appeal is filed, an aggrieved party must seek to have it struck out.
The court clarified as a matter of procedure that the deeming mechanism under rule 85 attaches only to the Notice of Appeal. Where a record of appeal is already on file and believed incompetent, the appropriate application is under rule 84 for striking out. The mischaracterisation did not however save the application, which failed on substance.
Mandatory nature of filing timelines
Timelines for filing appeals in the Court of Appeal are mandatory, not directory, as affirmed by the Supreme Court in Salat v IEBC.
The court accepted the governing principle of strict compliance with appellate filing rules, quoting the Supreme Court that there must be strict compliance with the rules regarding steps taken in lodging an appeal. The issue was resolved by applying the statutory proviso excluding the certified preparation period, not by relaxing the deadline.
Legal principles established
#- In computing time for filing a Record of Appeal, the excluded period includes not only the time to type the proceedings but also the time when the proceedings were delivered or the party was notified they were ready for collection
- An application to have an appeal deemed withdrawn under rule 85 cannot be made after the Record of Appeal has been filed; the proper remedy at that stage is to seek striking out
- Timelines for filing appeals in the Court of Appeal are mandatory, not directory
Court orders
#- 1.The Notice of Motion dated 21st June 2021 is dismissed
- 2.Costs of the application awarded to the appellant/respondent
- On appeal from
- High Court
- Jurisdiction invoked
- Section 3(1) of the Appellate Jurisdiction Act and Rules 82(1), 83 and 84 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mumias Sugar Company v Prof.tom Ojienda & Associates", Case Analysis (2026). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1339/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.