Speaker, National Assembly v Bloggers Association of Kenya (BAKE) & 6 others
The bottom line
#Kenya's Supreme Court gave the National Assembly Speaker more time to appeal a ruling striking down cybercrime law provisions, but refused to excuse the late filing itself.
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 applicant has demonstrated a reasonable and excusable cause for the delay in filing the Notice of Appeal
- 2.Whether the application for extension and enlargement of time was brought without undue delay
- 3.Whether the respondents will suffer prejudice if the extension is granted
- 4.Whether the Notice of Appeal filed out of time should be deemed as duly filed, served and properly on record
Key legal issues
#Principles governing extension of time to file a Notice of Appeal in the Supreme Court
The Salat principles apply: extension is equitable and discretionary, the delay must be explained to the court's satisfaction, and prejudice to respondents and undue delay are relevant considerations.
The Court restated the settled Salat principles and applied them case-by-case. It found the ten-day delay attributable to internal review of the judgment and obtaining instructions was reasonable and excusable, the application was filed without undue delay, and the respondents' claimed prejudice from defending multiple appeals was unconvincing since the issues were well known and the appeals could be consolidated.
Whether an out-of-time Notice of Appeal may be deemed properly on record
The Court declined to deem the Notice of Appeal as duly filed, holding that a document filed out of time without leave is irregular and of no effect.
Following Salat and a long line of decisions, the Court distinguished between granting leave to file afresh and validating an irregularly filed document. The applicant was instead given seven days to file and serve a fresh Notice of Appeal.
Legal principles established
#- Extension of time is an equitable discretionary remedy available only to a deserving party, and the applicant bears the burden of explaining the delay to the satisfaction of the court.
- A document filed out of time and without leave is irregular and of no effect; the court will not deem such a document as properly on record.
Court orders
#- 1.The Notice of Motion dated 31st March 2026 and filed on 8th April 2026 be and is hereby allowed as prayed
- 2.The applicant is granted seven (7) days from the date of this Ruling to file afresh and serve its Notice of Appeal
- 3.The costs of the application shall be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal of Kenya
- Civil Appeal No. 197 of 2020
- Jurisdiction invoked
- Articles 50 and 159 of the Constitution; Rules 3(2), 3(5), 15(2), 31(6) and 36 of the Supreme Court Rules, 2020
Relief refused
#Deeming of the out-of-time Notice of Appeal as duly filed, served and properly on record
A document filed out of time and without leave is irregular and of no effect; the applicant must file a fresh Notice of Appeal within seven days
Costs
The costs of the application shall be in the cause.
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.
Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court;
We reiterate that a document filed out of time and without leave is irregular and is of no effect.
The applicant is granted seven (7) days from the date of this Ruling to file afresh and serve its Notice of Appeal;
The costs of the application shall be in the cause.
Issues in the judgment
#Affidavit date appears erroneous, flagged by the Court itself with '(sic)'
Court describes the delay as one to file a 'petition of appeal' though the application concerned a Notice of Appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Speaker, National Assembly v Bloggers Association of Kenya (BAKE) & 6 others", Case Analysis (2026). Application E011 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/kesc/2026/55/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.