Safaricom Investment Co-operative Ltd v Saina (Environment and Land Appeal E055 of 2025) [2026] KEELC 4020 (KLR)
The bottom line
#The Environment and Land Court allowed a co-operative society to file its appeal late, but refused to stop the winning party from executing the judgment in the meantime.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the appeal was excusable under Section 79G of the Civil Procedure Act
The delay was not inordinate and the application was merited; leave to appeal out of time was granted subject to filing and service within 30 days
Section 79G requires appeals from subordinate courts to be filed within 30 days unless the appellant shows good and sufficient cause. The court adopted the factors in Mugo, Koine and Salat: length of and reason for delay, prejudice to the respondent, and the overriding objective. The Applicant explained the delay by internal Board authorization and approval processes of a co-operative society, with financial implications. The court found an arguable appeal and no inordinate delay, and granted prayer 1 conditionally.
The procedural requirement that the intended appeal be filed before or with the extension application
The intended appeal ought to have been filed before or together with the application for extension of time, though failure to do so does not automatically defeat the application
Reading Section 79G, the court noted the phrase 'an appeal may be admitted out of time' permits late admission, but the intended appeal should already be on file or filed simultaneously with the extension application. It drew on Mugo & Others vs Wanjiru, where the Court of Appeal held that failure to regularise the notice of appeal may be a reason for refusing the application or allowing it on terms, but does not compel refusal.
Legal principles established
#- An appeal may be admitted out of time under the proviso to Section 79G of the Civil Procedure Act if the appellant shows good and sufficient cause for not filing in time
- The intended appeal ought to have been filed before or together with an application seeking leave to extend time
- Extension of time is an equitable remedy available to a deserving party at the discretion of the court, assessed against the period and reason for delay, prejudice to the respondent, undue delay, and public interest
Court orders
#- 1.Leave granted to the Applicant to file an appeal out of time against the judgment of Hon. Martha A. Nanzushi (P.M) delivered on 27th June 2025 in Mavoko CM CELC No. E45 of 2024, on condition that the appeal is filed and served within the next 30 days
- 2.Costs of the application to be in the cause
- On appeal from
- Chief Magistrate's Court, Mavoko
- Mavoko CM CELC No. E45 of 2024
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act Cap 21 and Order 50 Rule 6 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Chiema v Amwayi & 3 others (Environment and Land Miscellaneous Case E016 of 2026) [2026] KEELC 4848 (KLR)[2026] KEELC 4848 (KLR)28 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Safaricom Investment Co-operative Ltd v Saina (Environment and Land Appeal E055 of 2025) [2026] KEELC 4020 (KLR)", Case Analysis (2026). ELCL Appeal No. E055 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4020/eng@2026-07-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.