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ELCDismissedNot stated in the judgment (application under Notice of Motion dated 10th July 2025; intended appeal from Mukurwe-ini MC ELC E006 of 2024)· [2026] KEELC 1944 (KLR)

Agricultural Finance Corporation & another v Mwangi (Miscellaneous Application E032 of 2025) [2026] KEELC 1944 (KLR)

High Court of Kenya
26 February 2026
2,424 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The Applicants moved the High Court by Notice of Motion dated 10th July 2025 seeking leave to file an appeal out of time against a ruling delivered on 9th May 2025 in Mukurwe-ini MC ELC E006 of 2024, in which the trial court restrained the transfer and registration of land parcel Muhito/Ngamwa/117 to the Purchaser and set aside a public auction conducted by the Applicants. The Applicants attributed the delay to the time taken to obtain the official copy of the ruling. The Respondent opposed the application, contending that the ruling was delivered in the presence of the Applicants' counsel, was uploaded to the Judiciary Case Tracking System within 24 hours, and that the Applicants had not annexed a draft Memorandum of Appeal to demonstrate arguability. The Court applied Sections 79G and 95 of the Civil Procedure Act and the principles in Nicholas Kiptoo Arap Korir Salat v IEBC, together with Dilpack Kenya Limited v William Muthama Kitonyi and Donald O. Raballa v Judicial Service Commission. It held that the explanation for the delay of over two months was not plausible, since the ruling was readily available, and that without a draft Memorandum of Appeal the arguability of the intended appeal could not be assessed. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether the Applicant's explanation for the delay constituted good and sufficient cause under Section 79G of the Civil Procedure Act

Holding

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.

Reasoning

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.

p. 5
02

Whether the intended appeal was arguable

Holding

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.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The application dated 10th July 2025 seeking leave to file an appeal out of time is dismissed with costs to the Respondent

Authorities

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Legislation

  • Civil Procedure Act, CAP 21Section 79G
  • Civil Procedure Act, CAP 21Section 95

Cases cited (7)

  • County Secretary of Kajiado & 47 others v Salaries & Remuneration Commission & another
    [2021] eKLR / [2021] KECA 817 (KLR)
  • Ferdinand Ndungu Waititu Babayao v Republic
    (2020) eKLR
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 6 others
    (2013) eKLR; Sup Ct. Application 16 of 2014
  • Seventh Day Adventist Church East Africa Ltd & 2 others vs Mososa Construction Company Ltd
    (2012) KECA 43 KLR
  • Dilpack Kenya Limited vs William Muthama Kitonyi
    [2018] KEHC 4858 (KLR) (also cited as '2078 eKLR' by Respondent)
  • First American Bank of Kenya Ltd vs Gulab P Shah & 2 Others
    Nairobi (Milimani) HCCC No. 2255 of 2000 [2002] 1 EA 65
  • Donald O. Raballa v Judicial Service Commission & Attorney General
    [2018] KECA 641 (KLR)
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

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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, "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.