Agricultural Finance Corporation & another v Mwangi (Miscellaneous Application E032 of 2025) [2026] KEELC 1944 (KLR)
The bottom line
#The High Court refused to let an applicant appeal late because the explanation for the delay was unconvincing and no draft appeal was attached.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant's explanation for the delay constituted good and sufficient cause under Section 79G of the Civil Procedure Act
The Court found the explanation - inability to obtain the official copy of the ruling - not plausible, since the ruling was delivered in the presence of counsel and was available on the Judiciary Case Tracking System within 24 hours.
The Court applied the Salat principles. The ruling was delivered in the presence of Mr Mutuma holding brief for Mr Mabonga for the Applicants, and was extracted from the Judiciary Case Tracking System, where rulings are uploaded within 24 hours. The Applicant never claimed the ruling was uploaded late. Hence the excuse that it took time to obtain the ruling was implausible and could not found the exercise of discretion.
Whether the intended appeal was arguable
The Court could not determine arguability because the Applicant neither attached a draft Memorandum of Appeal nor set out the grounds of the intended appeal in the supporting affidavit.
Relying on Raballa v Judicial Service Commission, the Court held that the period of delay and the reasons for it take primacy of consideration, and arguability would only outweigh other considerations in borderline cases. Without a draft memorandum, the first two factors already failed, and the Applicant could not demonstrate that the appeal deserved a day in court.
Legal principles established
#- A plausible explanation for the delay is essential in an application to extend time to appeal.
- Where the applicant has not demonstrated good and sufficient cause for the delay, arguability of the intended appeal cannot save the application.
Court orders
#- 1.The application dated 10th July 2025 seeking leave to file an appeal out of time is dismissed with costs to the Respondent
- On appeal from
- Mukurwe-ini Magistrates' Court (Mukurwe-ini MC ELC E006 of 2024)
- Mukurwe-ini MC ELC E006 of 2024
- Jurisdiction invoked
- Sections 79G and 95 of the Civil Procedure Act, Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Agricultural Finance Corporation & another v Mwangi (Miscellaneous Application E032 of 2025) [2026] KEELC 1944 (KLR)", Case Analysis (2026). Not stated in the judgment (application under Notice of Motion dated 10th July 2025; intended appeal from Mukurwe-ini MC ELC E006 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1944/eng@2026-02-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.