Institute for Social Accountability & Centre for Enhancing Democracy and Good Governance v National Assembly of Kenya & 4 others
The bottom line
#Court grants extra time to file appeal documents due to delays beyond the applicant's control.
What this practically means
#The Supreme Court allowed an application for more time to file a supplementary record of appeal. The applicants had requested certified court documents from the Court of Appeal but did not receive them on time. The court found the applicants acted properly by filing their notice and appeal on time, and the delay was caused by the lower court's failure to provide the documents. The court also rejected an objection that the supporting affidavit was sworn by a stranger, noting the deponent was instructed by the applicants' lawyer and had personal knowledge of the facts.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether on the basis of the rival affidavits and written submissions of the parties, the applicants herein, have made a compelling case for this Court to exercise discretion in their favor and thereby grant the orders sought
Key legal issues
#Whether the applicants made a compelling case for extension of time to file a supplementary record of appeal.
The applicants satisfied the principles for extension of time as set out in Nicholas Kiptoo Arap Korir Salat v. IEBC and Hassan Nyanje Charo v. Khatib Mwashetani.
The court found that the applicants took necessary steps by requesting proceedings and the order from the Court of Appeal, filed the notice of appeal and appeal within time, and the delay was caused by the Court of Appeal's failure to provide certified documents despite requests. The application was not speculative or open-ended as it depended on an event beyond the applicants' control.
Whether the supporting affidavit by Michael Kioko Munguti, who was not a party to the proceedings, was competent.
The affidavit was competent as the deponent was instructed by counsel for the applicants and deposed to factual matters within his personal knowledge.
The court rejected the respondents' argument that Michael Kioko Munguti was a stranger, noting that his affidavit accompanied the formal application filed by the actual litigants, he was instructed by counsel, and the matters he stated were factual and in his personal knowledge. The respondents did not rebut this.
Legal principles established
#- Extension of time requires showing you took necessary steps to get documents from the lower court.
- You must file the notice of appeal and the appeal itself within the prescribed time limits.
- Delay caused by the court's failure to provide certified documents is beyond your control.
- An affidavit sworn by someone instructed by counsel and with personal knowledge is competent.
- The application must not be speculative or open-ended; it must depend on a specific event beyond your control.
Court orders
#- 1.The Application dated 30th January, 2018 is hereby allowed
- 2.The Applicant(s) shall file its Supplementary Record of appeal containing the Certified Order of the Court of Appeal and the typed proceedings within 7 days of receipt of those documents
- 3.Costs shall be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal
- Civil Appeal No. 92 of 2015
- Jurisdiction invoked
- sections 21(2) and 23(2)(b) of the Supreme Court Act, 2011 and Rules 21 and 53 of the Supreme Court Rules, 2012
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 applicants took the necessary steps in requesting for the proceedings and the order from the Court of Appeal. They filed the notice of appeal and the appeal within time.
Key timeline
#Practical implications
#Drafting extension applications
When seeking extension of time, include evidence of your requests for certified documents from the lower court and proof that the notice of appeal and appeal were filed on time. Address any potential objection about the deponent's capacity by stating they were instructed by counsel and have personal knowledge of the facts.
Managing court delays
If you are a party to an appeal and the court delays providing certified documents, you can apply for extra time. Keep records of all requests made to the court. The court will consider whether you acted diligently and whether the delay was beyond your control.
Filing appeals in Kenya
If you miss a deadline because the court did not give you the required documents on time, you can ask the Supreme Court for more time. You must show you requested the documents, filed your initial appeal on time, and the delay was not your fault. An affidavit from someone with personal knowledge can support your application.
Frequently asked questions
#How do I apply for extension of time to file an appeal in Kenya?+
You must file an application explaining why you need more time. Show that you took steps to get required documents, filed your notice of appeal on time, and the delay was beyond your control. The court will decide based on your evidence.
Can a non-party swear an affidavit for an appeal in Kenya?+
Yes, if the person is instructed by the party's lawyer and has personal knowledge of the facts. The court will consider the affidavit competent unless the other side proves otherwise.
What happens if the court delays giving me certified documents for my appeal in Kenya?+
You can apply for extension of time to file your supplementary record. The court will likely grant it if you show you requested the documents and the delay was caused by the court's failure to provide them.
What is a supplementary record of appeal in Kenya?+
It is additional documents filed after the main record of appeal, such as certified orders and typed proceedings from the lower court. You need these to complete your appeal.
Cite this brief
#Cite this brief
Caselaw, "Institute for Social Accountability & Centre for Enhancing Democracy and Good Governance v National Assembly of Kenya & 4 others", Case Analysis (2019). Petition 1 of 2018. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2019/90/eng@2019-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.