Loise Wambui Kariuki (suing On Behalf of The Estate of Eliud Kimari Muturi (deceased)) v Nathan Kagazi Keiza & 1 other

The rule requires institution of an appeal within 60 days of lodging the Notice of Appeal. A party who fails can only validate the appeal by seeking extension of time under rule 4. The sole exception is where the intending appellant applied in writing for proceedings within thirty days and served the request, in which case the certified preparation period is excluded. Here the appeal was admittedly filed out of time and no extension application existed.

The court relied on Rodgers Abisai, where the Court held that certified copies are not necessary documents for an appeal and the rule is not breached by merely asking for certified copies; it may be breached only where uncertified copies are available but the appellant insists on certified ones. In any event, nothing turned on this in the present case since the delay after collection of proceedings was unexplained.

Following Salat, the court held that Article 159 commands substantial justice but was never intended to overthrow rules of procedure or create a free-for-all. Timelines make adjudication fair, certain and even-handed, and courts cannot aid in bending or circumventing rules, as doing so unfairly harms the party who strives to comply. The reasons for delay would have mattered only in an extension-of-time application, which the respondent never made.