John Lokitare Lodinyo v Independent Electoral and Boundaries Commission & 2 others
The bottom line
#Supreme Court rejects late election appeal filed one day after deadline.
What this practically means
#The Supreme Court dismissed an application to file a notice of appeal one day late in an electoral dispute. The Court ruled that a notice of appeal is a mandatory first step that must be filed within 14 days. In election cases, strict deadlines apply because of the strong public interest in finality. The applicant did not give a good reason for the delay, and the Court found no room for late filings.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court should extend time to file a notice of appeal against the Order and Judgment of the Court of Appeal dated July 26, 2018.
Key legal issues
#Whether the Court should extend time to file a notice of appeal out of time under Rule 31 of the Supreme Court Rules, 2012.
The Court disallowed the application, holding that the applicant failed to demonstrate sufficient reasons for the delay, and that the strict timelines in electoral matters must be adhered to.
The Court noted that the applicant filed the notice of appeal one day late, and the delay was not adequately explained. The Court emphasized the importance of the Notice of Appeal as a jurisdictional prerequisite, citing the Patricia Sawe case. It distinguished the present case from Mary Wambui Munene and Nick Salat, where the applicants had filed the notice within time but sought extension for the appeal itself. The Court concluded that the case-filing rules are crucial, the Registry was accessible, and no time was available for belated causes.
Legal principles established
#- A notice of appeal is a jurisdictional requirement; no appeal exists without it.
- In electoral matters, strict adherence to timelines is required due to public interest.
- A delay of even one day in filing a notice of appeal may be fatal to the application.
- The Court will not extend time unless the applicant shows sufficient reasons for the delay.
- Case-filing rules are crucial to the proper discharge of the Court's mandate.
- The Court's Registry remains accessible during vacations, so that is no excuse for delay.
Court orders
#- 1.The applicant's Notice of Motion dated August 13, 2018 is disallowed.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Rule 31 of the Supreme Court Rules, 2012
Relief refused
#Extension of time to file a notice of appeal
The case-filing rules are crucial to the proper discharge of the Court's mandate; the Registry has always remained accessible; and no time is now available for entertaining belated causes.
Costs
No order as to costs (not specified in judgment)
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.
Hence, upon considering the applicant's request, while taking into account all the relevant circumstances, and in particular the fact that the case-filing rules are so crucial to the proper discharge of the Court's mandate; that the Registry has always remained accessible to parties during vacations; and that no time is now available for entertaining belated causes – we hereby disallow the applicant's Notice of Motion dated August 13, 2018.
We have held in the Nick Salat case that a Notice of Appeal is a jurisdictional pre-requisite. No appeal can be preferred without first filing a Notice of Appeal.
on account of the large public interest in electoral matters, all petitions in that regards, ought to take into account the prescribed timelines.
Key timeline
#Practical implications
#Strict deadline enforcement in election appeals
When handling election appeals, file the notice of appeal within 14 days without exception. Even a one-day delay will likely be fatal. Prepare and lodge the notice immediately after judgment, and do not rely on extension applications unless you have a compelling, documented reason for the delay.
Deadline discipline applies to all litigation
While this case involves elections, the principle that procedural deadlines are jurisdictional applies broadly. In any court case, missing a filing deadline by even one day can end your case. Ensure your legal team calendars all statutory deadlines and files documents early to avoid dismissal.
One day late can lose your case
If you are involved in a court case, especially an election dispute, do not assume the court will forgive a late filing. The Supreme Court made clear that missing a deadline by even one day can be fatal. Always file documents as early as possible, and never wait until the last day.
Frequently asked questions
#What happens if I file a notice of appeal one day late in Kenya?+
The Supreme Court may reject your application for extension of time unless you have a very good reason for the delay. In election cases, even a one-day delay is treated strictly because of the public interest in quick resolution.
Is a notice of appeal mandatory before filing an appeal in Kenya?+
Yes. The Supreme Court has held that a notice of appeal is a jurisdictional prerequisite. You cannot file an appeal without first filing a notice of appeal within the prescribed time, usually 14 days.
Can the Supreme Court extend time to file a notice of appeal in Kenya?+
The Court can extend time, but only if you show sufficient reasons for the delay. In electoral matters, the Court applies strict timelines and is unlikely to grant extensions for even short delays.
What is the deadline to file a notice of appeal in the Supreme Court of Kenya?+
Under Rule 31 of the Supreme Court Rules, 2012, you must file a notice of appeal within 14 days from the date of the judgment or order you wish to appeal.
Later judgments citing this (4)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Equity Traders Limited v John & 2 others; Bazalel (Plaintiff); Mukindia & another (Defendant) (Environment & Land Case E005 of 2024) [2024] KEELC 1668 (KLR)[2024] KEELC 1668 (KLR)4 Apr 2024applied
- Garama v Karisa & 3 others (Election Petition Appeal (Application) 1 of 2023) [2023] KECA 924 (KLR)[2023] KECA 924 (KLR)28 Jul 2023
- Farah v Independent Electoral and Boundaries Commission (IEBC) & 2 others (Election Petition Appeal E007 of 2023) [2023] KECA 1024 (KLR)[2023] KECA 1024 (KLR)14 Jul 2023
- James Karimi Karubiu v Dickson Daniel Karaba & 3 others[2018] KESC 73 (KLR)21 Dec 2018
Cite this brief
#Cite this brief
Caselaw, "John Lokitare Lodinyo v Independent Electoral and Boundaries Commission & 2 others", Case Analysis (2018). Miscellaneous Application 27 of 2018. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2018/66/eng@2018-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.