Naran v Lakhman
The bottom line
#Kenya's Court of Appeal gave a man four extra months to file his appeal, ruling the delay was explained and caused no unfairness.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted leave to appeal out of time against the High Court ruling of 1st March 2026
- 2.Whether the Notice of Appeal should be deemed properly filed upon extension of time
Key legal issues
#Whether the delay of about four months in filing the notice of appeal was inordinate and sufficiently explained
The delay of four months was not inordinate and was sufficiently explained by the applicant's lack of notice of the ruling and illness.
The ruling was delivered on 1st March 2026 without notice to the applicant's advocate; he learned of it on 5th May 2026 and filed the application on 13th July 2026. The court found the four-month period not inordinate and sufficiently explained, warranting exercise of discretion in his favour.
Legal principles established
#- The factors for extension of time under Rule 4 are settled: delay, reason for delay, chances of appeal succeeding, prejudice to respondent, and other relevant but not exhaustive factors.
Court orders
#- 1.Leave to appeal out of time granted against the decision in Eldoret High Court Succession Cause No. E020 of 2020 delivered on 1/3/2026
- 2.The notice of appeal deemed as duly filed
- 3.Applicant directed to file memorandum of appeal and record of appeal within 30 days from the date of the order
- 4.Costs of the application to abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya at Eldoret
- Succession Cause No. E020 of 2020
- Jurisdiction invoked
- Section 4 of the Appellate Jurisdiction Act and Rules 4, 41 and 49 of the Court of Appeal Rules 2022 (extension of time / leave to appeal)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The exercise of this Court’s discretion under Rule 4 has followed a well-beaten path since the stricture of “sufficient reason” was removed by amendment in 1985.
I direct the applicant to file his memorandum of appeal and record of appeal within the next 30 days from the date of this order. The costs of the application shall abide the outcome of the appeal.
The notice of appeal is hereby deemed as duly filed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Naran v Lakhman", Case Analysis (2026). Civil Application E092 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1848/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.