Japhet v M’Naituri & 2 others (Environment and Land Appeal E012 of 2025) [2026] KEELC 3684 (KLR)
The bottom line
#Filing on the next working day is on time when the deadline falls on a weekend or holiday in Kenya.
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 respondent's replying affidavit filed on Monday 15/6/2026, after the 7-day period prescribed in the order dated 28/5/2026 expired on Saturday 13/6/2026, was properly filed and should be struck out
Key legal issues
#Whether a replying affidavit filed on the next working day after the prescribed period expired on a Saturday is filed out of time
The affidavit is properly on record because Order 50 rule 3 of the Civil Procedure Rules deems such an act done within time
The court found there was no dispute that the 7-day period fixed in the order of 28/5/2026 ended on Saturday 13/6/2026, when the court offices were closed. Order 50 rule 3 provides that where time for doing an act expires on a day the offices are closed and the act cannot be done, the act is deemed done within the prescribed time if done on the next day the offices are open. The affidavit filed and served on Monday 15/6/2026 therefore fell within time and the objection to strike it out was rejected.
Legal principles established
#- Where the time prescribed for doing any act expires on a Sunday or other day on which the court offices are closed, and the act cannot be done due to that closure, the act is deemed done within time if done on the next day the offices are open (Order 50 rule 3, Civil Procedure Rules)
Court orders
#- 1.The oral objection to strike out the respondent's replying affidavit is rejected
- 2.The replying affidavit filed and served on Monday 15/6/2026 is properly before court
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court Act appellate jurisdiction over ELCL Appeal Case No. E012 of 2025
Relief refused
#Application to strike out the respondent's replying affidavit
Order 50 rule 3 of the Civil Procedure Rules extends time where the last day for filing falls on a day the court offices are closed
Costs
No order as to costs was made in the judgment
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.
Order 50 rule 3 of the Civil Procedure Rules provides that where the time for doing any act expires on a Sunday or other day on which the offices are closed and such act cannot be done due to the closure, such act is deemed done within the prescribed time when it is done on the next day when the offices are open.
In light of the clear provisions of Order 50 rule 3 of the Civil Procedure Rules, the replying affidavit filed and served on Monday 15/6/2026 is properly before court. The oral objection is rejected.
Issues in the judgment
#Judgment is ex-tempore and does not state the names of the parties; only their procedural roles (appellant, 2nd and 3rd Respondents) appear
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Japhet v M’Naituri & 2 others (Environment and Land Appeal E012 of 2025) [2026] KEELC 3684 (KLR)", Case Analysis (2026). ELCL APPEAL CASE NO. E012 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3684/eng@2026-06-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.