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Court of AppealOtherNot stated in the judgment

Baikenda v M'Mbirithu & 4 others (Civil Appeal (Application) E017 of 2026) [2026] KECA 1450 (KLR)

Court of Appeal of Kenya
17 July 2026
556 words in judgment
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The bottom line

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Kenya's Court of Appeal ruled that a single Judge must first decide applications to come on record and extend time before the full bench can consider a Supreme Court appeal.

What this practically means

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Executive summary

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This is a short procedural ruling of the Court of Appeal at Meru (Kairu, Odunga and Ong'udi, JJ.A) on a notice of motion dated 5th February 2026 filed by the applicant. The motion sought five substantive prayers: leave for Ekons Law Chambers to come on record post judgment; leave to appeal to the Supreme Court under Article 163(4)(b); certification that a matter of great public importance be canvassed in the intended appeal; extension of time to file a Notice of Appeal out of time; and any further orders. A preliminary objection dated 11th June 2026 was filed on behalf of the appellant by Ayub Anampiu Advocate; submissions were filed by Ekons Law Chambers for the applicant and by the Attorney General (Mr Ali Juma) for the 2nd to 5th respondents. Counsel highlighted only the certification issue at the hearing on 29th June 2026. The full bench did not determine any prayer on the merits. Applying rule 55(1) of the Court of Appeal Rules, the court held that the prayers for coming on record post judgment and for extension of time fall within a single Judge's jurisdiction, and under rule 57(1)(5) any party dissatisfied with that decision may refer it to the full bench. It accordingly referred the application to a single Judge to hear prayers (i) and (v), after which the full bench would deal with the leave and certification prayers, and directed the registry to fix the matter before a single Judge on a priority basis given the pendency of the application. No costs order was made and no authority was cited.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the firm of Ekons Law Chambers should come on record for the applicant post judgment
  2. 2.Whether to grant extension of time to file a Notice of Appeal out of time
  3. 3.Whether the two single-Judge prayers must precede consideration of the certification and leave prayers

Key legal issues

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01

Allocation of the application's prayers between a single Judge and the full bench

Holding

The prayers for coming on record post judgment and for extension of time must first be heard by a single Judge; only thereafter may the full bench consider the leave and certification prayers.

Reasoning

Rule 55(1) of the Court of Appeal Rules vests jurisdiction over coming on record and extension of time in a single Judge, while rule 57(1)(5) allows a dissatisfied party to refer a single Judge's decision to the full bench. The court therefore sequenced the application: the single Judge first hears prayers (i) and (v), then the full bench addresses certification under Article 163(4)(b) depending on the outcome. The court declined to short-circuit this sequencing despite the application having been pending.

p. 2

Legal principles established

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  • Prayers for a party to come on record post judgment and for extension of time to file a Notice of Appeal fall within the jurisdiction of a single Judge, and the certification/leave prayers can only be dealt with by the full bench after the single Judge has determined them.

Court orders

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  1. 1.Referral of the application to a single Judge for hearing of prayers (i) and (v) (coming on record and extension of time)
  2. 2.That after the single Judge's decision, the application be escalated to the full bench for hearing of the prayers for certification to the Supreme Court
  3. 3.That the registry fix the matter for hearing before a single Judge on a priority basis

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
Jurisdiction invoked
Rule 55(1) and rule 57(1)(5) of the Court of Appeal Rules (single Judge referral procedure); intended appeal to the Supreme Court under Article 163(4)(b) of the Constitution

Relief refused

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Immediate determination by the full bench of leave to appeal under Article 163(4)(b) and certification of a matter of great public importance

The court deferred these prayers pending determination by a single Judge of the prayers for coming on record and extension of time, as those fall within a single Judge's jurisdiction

p. 2

Costs

No costs order made in the ruling.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

We therefore find it prudent to refer this application which we hereby do, to a single Judge for hearing of prayers (i) and (v) before it is escalated to the full bench for hearing of the prayers in respect of certification to the Supreme Court.
p. 2Referral order and sequencing of prayers
Considering that the application has been pending for some time, let the registry fix the matter for hearing before a single Judge on priority basis.
p. 2Final directions on urgency
These two prayers fall within the jurisdiction of a single Judge pursuant to rule 55(1) of the Rules of this Court.
p. 2Single Judge jurisdiction over coming on record and extension of time

Issues in the judgment

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minor

The judgment refers to a motion dated 5th February 2026 delivered on 17th July 2026, which post-dates the court's usual timelines; the dates appear unusual and may reflect typographical errors.

minor

The ruling describes the applicant's own notice of motion as seeking an order for Ekons Law Chambers to come on record for the 1st respondent/applicant, while a preliminary objection was filed by counsel for the appellant/applicant - the party designations are internally inconsistent.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Baikenda v M'Mbirithu & 4 others (Civil Appeal (Application) E017 of 2026) [2026] KECA 1450 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1450/eng@2026-07-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.