Chairman, Kenya National Union of Teachers & another v Inyangala & 2 others
The bottom line
#Supreme Court rejects 15-month appeal delay as inexcusable, upholding strict time limits.
What this practically means
#The Supreme Court of Kenya dismissed an application to file an appeal late. The applicant waited 1 year and 3 months after the Court of Appeal judgment, claiming he did not know about it. However, the court had notified all parties. The judges said this delay was too long and the excuse was not good enough. The case confirms that missing deadlines by such a wide margin will not be forgiven, even if you say you were unaware.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the delay of 1 year and 3 months in filing a notice of appeal is excusable
- 2.Whether the application meets the principles for extension of time as laid down in Nicholas Kiptoo Arap Salat v. IEBC & 7 Others
Key legal issues
#Whether the delay of 1 year and 3 months in filing a notice of appeal is excusable
The delay is inordinate and the explanation is unsatisfactory, thus the application fails.
The applicant claimed inadvertence and lack of awareness of the judgment delivery, but the court found that notice was given to all parties by the Court of Appeal. The delay of 1 year and 3 months was deemed inordinate, and the applicants were guilty of laches. The court applied the principles from Nicholas Kiptoo Arap Salat v. IEBC & 7 Others, which require a reasonable explanation for any delay.
Legal principles established
#- Extension of time requires a satisfactory explanation for the entire delay period.
- A delay of 1 year and 3 months is inordinate and presumptively inexcusable.
- Claiming ignorance of a judgment is not a valid excuse when the court gave proper notice.
- Applicants who delay unreasonably are guilty of laches and forfeit their right to appeal.
- The principles from Nicholas Kiptoo Arap Salat v. IEBC govern all extension applications in the Supreme Court.
Court orders
#- 1.The Notice of Motion Application dated 5th July, 2016 is hereby dismissed.
- 2.The applicants shall pay the costs of the application.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal
- Civil Appeal No. 54 of 2014
- Jurisdiction invoked
- Article 163(4)(b) of the Constitution
Relief refused
#Extension of time to file a notice of appeal
The delay of 1 year and 3 months was inordinate and the explanation was unsatisfactory and unreasonable.
Costs
The applicants shall pay the costs of the application.
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.
The Notice of Motion Application dated 5th July, 2016 is hereby dismissed.
The explanation given by the applicant is unsatisfactory and unreasonable. We regard the delay of 1 year and 3 months as inordinate and the applicants are guilty of laches.
The application does not meet the expectations and principles laid down by this Court on extension of time as was set out in Nicholas Kiptoo Arap Salat v. IEBC & 7 Others [2014] eKLR
Key timeline
#Practical implications
#Strict compliance with appeal timelines
Advise clients immediately after a Court of Appeal judgment. Do not rely on 'inadvertence' or lack of awareness as a defence for delays exceeding a few months. The court expects you to monitor case progress actively. File extension applications promptly, ideally within days of discovering the judgment, and provide a detailed, credible explanation for every day of delay.
Monitor legal deadlines closely
If your company is involved in litigation, assign someone to track all court dates and judgments. A 15-month delay in filing an appeal can cost you the right to challenge an adverse ruling. Ensure your legal team reports outcomes immediately and acts within weeks, not months. The court will not excuse delays caused by internal oversight or lack of communication.
Act fast after losing a case
If you lose in the Court of Appeal and want to go to the Supreme Court, you have a very short window to file a notice of appeal. Do not wait. Even if you think you missed the deadline, apply for extension immediately. Waiting over a year, as in this case, will almost certainly fail. Contact a lawyer the same day you receive the judgment.
Frequently asked questions
#Can I appeal to the Supreme Court of Kenya after missing the deadline?+
Yes, you can apply for extension of time, but you must give a very good reason for every day of delay. The court rejected a 15-month delay here because the excuse was weak. Apply as soon as you realize you missed the deadline.
What is an inordinate delay in Kenyan courts?+
An inordinate delay is one that is unreasonably long without a valid excuse. In this case, 1 year and 3 months was considered inordinate. Even shorter delays can be rejected if the explanation is poor.
What happens if my extension of time application is dismissed in Kenya?+
You lose the right to appeal the original judgment. The court's decision becomes final. You may also be ordered to pay the other side's legal costs, as happened here.
Does the Supreme Court of Kenya always follow the Nicholas Kiptoo Arap Salat case?+
Yes, that case sets the standard for all extension of time applications. You must show: a reasonable explanation for delay, no inordinate delay, no prejudice to the other side, and that the appeal has chances of success.
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.
- Lokoret v Ngolepus (Environment and Land Appeal E019 of 2025) [2025] KEELC 6202 (KLR)[2025] KEELC 6202 (KLR)24 Sept 2025
Cite this brief
#Cite this brief
Caselaw, "Chairman, Kenya National Union of Teachers & another v Inyangala & 2 others", Case Analysis (2018). Civil Application 7 of 2017. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2018/37/eng@2018-04-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.