The Sacco Societies Regulatory Authority v Nyati Sacco Society Limited & 1 other
The bottom line
#Kenya's Court of Appeal allowed a regulator's late appeal filing, ruling a ten-day delay caused by tracing a voluminous court record was excusable.
What this practically means
#Executive summary
#Key legal issues
#Whether the ten-day delay in filing the record of appeal was inordinate and excusable
The delay of ten days was not inordinate and the explanation - inability to trace a portion of the voluminous trial record in time - was excusable.
The Court applied the settled Fakir Mohamed principles: length of delay, reason for delay, prejudice to the respondent and related factors. The applicant, a statutory regulatory body, had timeously filed its notice of appeal on 6th November 2025 but could not compile the record because a portion of the voluminous trial record could not be traced. The application was filed on 16th January 2026 against a 6th January 2026 deadline, a delay of only ten days, which the Court held could not by any stretch of imagination be inordinate.
Legal principles established
#- In exercising its unfettered discretion under Rule 4 of the Court of Appeal Rules to extend time, the Court is guided by settled factors including the period and reason for delay, the chances of the appeal succeeding, and prejudice to the respondent.
- A short delay of ten days is not inordinate, and the time taken to compile a voluminous record of appeal can constitute an excusable reason for delay.
Court orders
#- 1.The application for extension of time to file the record of appeal out of time is allowed
- 2.The applicant shall file and serve the record of appeal within fourteen (14) days of the date of the ruling
- 3.The respondent shall have costs of the application assessed at Kshs. 15,000/-
- On appeal from
- High Court of Kenya
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (inherent discretion to extend time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Sacco Societies Regulatory Authority v Nyati Sacco Society Limited & 1 other", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1419/eng@2026-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.