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Court of AppealDismissedCivil Application No. E250 of 2025· [2026] KECA 1735 (KLR)

Alice Nduta Mburu & 5 Others v Barclays Bank of Kenya Limited

Court of Appeal
25 September 2026
SKS. Gatembu Kairu
1,347 words in judgment
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The bottom line

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The Court of Appeal refused six applicants a second chance to seek Supreme Court review, ruling their repeat application was barred and an abuse of process.

What this practically means

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Executive summary

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This is a single-judge (in-chambers) ruling of the Court of Appeal at Nairobi by Gatembu, JA., on the applicants' application dated 16th April 2025 seeking extension of time to file an application for certification and leave to appeal to the Supreme Court against the Court of Appeal's judgment of 20th September 2019 in Civil Appeal No. 164 of 2018, which itself arose from High Court Civil Suit No. 237 of 2007 concerning a Mareva injunction and tracing orders over cheque encashments. The applicants attributed their delays to registry errors, ICT system failures and counsel's inadvertent mistakes, invoking Articles 48, 50 and 159(2)(d) of the Constitution and Sections 3A and 3B of the Appellate Jurisdiction Act, and relied on extension-of-time authorities. The respondent opposed, arguing the application was a third attempt to revive a concluded matter, offended Rule 57 (which requires a reference against a Single Judge's decision), was res judicata and an abuse of process, and that the dispute raised no issue of general public importance. The court agreed: the identical relief had been sought and refused in a ruling by Muchelule, JA. delivered on 28th February 2025, following an earlier 2019 application struck out as out of time. The application was therefore dismissed as res judicata and an abuse of the court process, with costs to the respondent, the judge finding it unnecessary to consider the other matters raised. The judge also apologised for the oversight in the delay in delivering the ruling.

Key legal issues

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01

Whether a second application for extension of time seeking orders already declined is maintainable

Holding

The application was dismissed as res judicata and an abuse of process; the applicants sought to re-litigate orders declined by Muchelule, JA. on 28th February 2025, and the correct remedy was a Rule 57 reference, not a fresh Rule 4 application.

Reasoning

The court traced the procedural history: a 2019 leave application struck out as filed out of time; a November 2024 Rule 4 extension application dismissed on 28th February 2025; and the present April 2025 application seeking identical orders. Re-litigating an adjudicated matter without a Rule 57 reference is res judicata and abusive, so the discretion need not be exercised and other issues need not be considered.

p. 13

Legal principles established

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  • A fresh application for extension of time seeking the same orders already declined by the Court is res judicata and an abuse of the court process; the proper course against a Single Judge's decision is a reference under Rule 57 of the Court of Appeal Rules.

Court orders

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  1. 1.Dismissal of the application dated 16th April 2025
  2. 2.Costs of the application to the respondent
On appeal from
Court of Appeal at Nairobi
Civil Appeal No. 164 of 2018
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules

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, "Alice Nduta Mburu & 5 Others v Barclays Bank of Kenya Limited", Case Analysis (2026). Civil Application No. E250 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1735/eng@2026-09-25

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