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Court of AppealDismissedCivil Appeal (Application) No. E063 of 2026 (Formerly KSM Civil Appeal (Application) No. E245 of 2025)· [2026] KECA 2062 (KLR)

Jotham Aggrey Anguko Mukhobi v James Obuli Mukhobi & Jairus Harrison Mukhobi

Court of Appeal
22 May 2026
PNP. Nyamweya
2,069 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal refused an elderly appellant's bid to extend time and have his son act for him, because late appeal documents and old age don't qualify.

What this practically means

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Executive summary

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This is a ruling by a single Judge of the Court of Appeal (Nyamweya JA) on an application by Jotham Aggrey Anguko Mukhobi seeking extension of time to file a Memorandum of Appeal against the judgment of the Environment and Land Court at Vihiga (Asati J) of 10th July 2025 dismissing his petition, and leave for his son to act as his next friend. The single Judge confined herself to these two prayers, the remaining prayers (stay and restraining orders) being reserved for a full bench under Rule 55 of the Court of Appeal Rules, 2022. On extension of time, the Judge held the prayer was not competently made because the record of appeal was allegedly filed out of time and this was not controverted; granting extension for the memorandum alone would short-circuit the requirements of Rule 84. On the next friend prayer, unopposed by the respondents, the Judge held that old age, ill health, lack of English proficiency and unemployment do not constitute the legal disability contemplated by Rule 22(3), which is aimed at minors and persons of unsound mind, and that the mechanism should not be misused. Both prayers were declined, the applicant was left at liberty to pursue the outstanding prayers before a full bench, and no order as to costs was made given the family relationship of the parties.

Key legal issues

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01

Extension of time for Memorandum of Appeal without timely record of appeal

Holding

Prayer struck out as not competently made

Reasoning

Rule 84 requires lodging of both memorandum and record of appeal within sixty days. Granting extension for the memorandum alone where the record was filed out of time and uncontroverted would short-circuit Rule 84's additional requirements. The applicant did not controvert the respondents' averment that the record was filed late.

p. 11
02

Appointment of next friend

Holding

Declined; the applicant is not a person under disability

Reasoning

Rule 22(3) confines next-friend representation to persons under disability, typically minors or persons of unsound mind lacking legal capacity. Age, health, language difficulty and unemployment do not constitute such disability, and the son can assist without formal appointment. The mechanism must not be misused.

p. 14

Legal principles established

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  • Extension of time to file a Memorandum of Appeal cannot be granted where the record of appeal was itself filed out of time and no extension is sought for it
  • A next friend may only be appointed for a person under disability, i.e. lacking legal capacity such as minors or persons of unsound mind

Court orders

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  1. 1.Prayers for extension of time to file a Memorandum of Appeal struck out
  2. 2.Prayer for appointment of the applicant's son as next friend declined
  3. 3.Applicant at liberty to pursue the outstanding prayers not properly before the single Judge
  4. 4.No order as to costs of the application
On appeal from
Environment and Land Court of Kenya at Vihiga
Petition No. E014 of 2024
Jurisdiction invoked
Court of Appeal Rules, 2022 (Rule 55 - jurisdiction of a single Judge)

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, "Jotham Aggrey Anguko Mukhobi v James Obuli Mukhobi & Jairus Harrison Mukhobi", Case Analysis (2026). Civil Appeal (Application) No. E063 of 2026 (Formerly KSM Civil Appeal (Application) No. E245 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2062/eng@2026-05-22

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