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Supreme CourtAllowedCivil Application 19 of 2020

Haki Na Sheria Initiative v Inspector General of Police, Cabinet Secretary for Internal Security & Attorney General; Kenya National Human Rights and Equality Commission(Interested Party)

Supreme Court of Kenya
24 March 2021
470 words in judgment
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AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Court allowed extension of time due to e-filing system failure, but applicant paid costs.

What this practically means

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The Supreme Court granted an extension of time to file an appeal because the delay was caused by technical problems with the e-filing system. The applicant had already filed a notice of appeal on time. The court noted that extension of time is not automatic and must be justified case by case. Since the other side did not object, the court accepted the explanation and allowed the application, though the applicant had to pay the court costs.

Executive summary

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This is a ruling on a Notice of Motion application dated 5th August 2020, filed by the Applicant seeking extension of time to file an appeal out of time. The application was brought under Article 159 of the Constitution, Sections 21(2) and 24 of the Supreme Court Act, and Rule 53 of the Supreme Court Rules, 2012. The Applicant contended that the delay in filing the Petition of Appeal was occasioned by technical issues and failure of the e-filing system. The Respondent did not file any response or submissions despite directions from the Deputy Registrar. The Court, applying the principles from Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 others, noted that extension of time is not a right but is considered on a case-by-case basis, with the onus on the applicant to provide a proper explanation for the delay. The Court found that the Applicant had timeously lodged their notice of appeal and provided sufficient explanation for the delay. Consequently, the Court allowed the application and ordered that the Applicant bear the costs of the application.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicant has provided sufficient explanation for the delay in filing the Petition of Appeal to warrant extension of time

Key legal issues

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01

Whether the Applicant provided sufficient explanation for delay in filing the Petition of Appeal.

Holding

The Applicant provided sufficient explanation for the delay, as the delay was occasioned by technical issues and failure of the e-filing system.

Reasoning

The Court noted that the Applicant timeously lodged their notice of appeal and provided a sufficient explanation for the delay in filing the Petition of Appeal, namely technical issues and failure of the e-filing system. The Court applied the principles from Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 others, which require the applicant to lay a basis and give a proper explanation for the delay. Since the Respondent did not file any response or submissions, the Court found the explanation satisfactory and exercised its discretion under Rule 15(b) of the Supreme Court Rules, 2020 to extend time.

Legal principles established

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  • Extension of time is not a right but is decided case by case.
  • The applicant must provide a proper explanation for the delay.
  • Technical failures of the e-filing system can be a valid reason for delay.
  • The court has discretion under Supreme Court Rules to extend time.
  • Failure of the respondent to respond may support the applicant's case.
  • Costs may be awarded against the successful applicant.

Court orders

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  1. 1.The Application dated 5th August 2020, and filed on the 6th of August 2020 is hereby allowed.
  2. 2.The Applicant shall bear the costs of this Application.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Philomena Mbete Mwilu
P. M. MwiluAg. CJ
Currently serving
majority
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
Jurisdiction invoked
Article 159 of the Constitution of Kenya, Section 21 (2) and 24 of the Supreme Court Act, and Rule 53 of the Supreme Court Rules, 2012 (now revoked)

Quotable passages

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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 Applicant, having timeously lodged their notice of appeal has also provided sufficient explanation for the delay in filing of the Petition of Appeal
p. 3 Extension of time - sufficient explanation for delay
extension of time is not a right of a party, but would be considered on a case by case basis with the onus on the Applicant seeking extension to lay the basis and give proper explanation to the satisfaction of the Court, the reason for delay
p. 3 Extension of time - guiding principles
The Application dated 5th August 2020, and filed on the 6th of August 2020 is hereby allowed.
p. 3 Final orders - application allowed
The Applicant shall bear the costs of this Application.
p. 3 Costs order

Key timeline

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2020-08-05
Application for extension of time dated.
2020-08-06
Application filed in the Supreme Court.
Ruling date not specified
Court allowed the application and ordered applicant to bear costs.

Practical implications

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For lawyers

Prepare detailed delay explanations

When seeking extension of time, provide a sworn affidavit detailing the exact technical issues, dates, and steps taken to resolve them. Reference the e-filing system logs if possible. The court expects a clear, case-specific explanation, not generic excuses. Also note that costs may still be awarded even if the application succeeds.

For businesses

Document e-filing problems promptly

If your business is involved in litigation and faces e-filing system failures, immediately document the issue with screenshots, error messages, and correspondence with the court registry. This evidence can support an extension application. However, do not rely on leniency; always file as early as possible to avoid last-minute technical risks.

For individuals

Act quickly and keep records

If you miss a court deadline due to a technical glitch, file a notice of appeal on time and then apply for extension with a clear explanation. Keep records of the system failure. The court may grant your request, but you could still be ordered to pay the other side's costs, so weigh the financial risk.

Frequently asked questions

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Can I get an extension of time to file an appeal in Kenya if I missed the deadline due to e-filing problems?+

Yes, the Supreme Court has allowed extensions when the delay was caused by technical issues with the e-filing system. You must provide a detailed explanation and evidence of the problem. The court decides case by case, and you may still have to pay costs.

What is the procedure for applying for extension of time in the Supreme Court of Kenya?+

You file a notice of motion under Article 159 of the Constitution, Sections 21(2) and 24 of the Supreme Court Act, and Rule 53 of the Supreme Court Rules. You must include an affidavit explaining the delay. The court will consider your explanation and any response from the other side.

Is extension of time a right in Kenyan courts?+

No, extension of time is not a right. It is a discretionary remedy granted on a case-by-case basis. The applicant must satisfy the court that there is a proper reason for the delay. The burden is on the applicant to provide a sufficient explanation.

Will I have to pay costs if my extension of time application is granted in Kenya?+

Yes, as seen in this case, the court ordered the successful applicant to bear the costs of the application. Costs are at the court's discretion, so you may be required to pay even if your application succeeds.

Cite this brief

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Cite this brief

Caselaw, "Haki Na Sheria Initiative v Inspector General of Police, Cabinet Secretary for Internal Security & Attorney General; Kenya National Human Rights and Equality Commission(Interested Party)", Case Analysis (2021). Civil Application 19 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/55/eng@2021-03-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.