Kihiu Mwiri Farmers Company Limited v 1. Standard Chartered Estate Management Limited 2. Coffee Board of Kenya
The bottom line
#Kenya's Court of Appeal struck out an appeal because the record lacked a certified copy of the order being appealed, confirming this requirement is mandatory.
What this practically means
#Executive summary
#Key legal issues
#Competence of an appeal lacking a certified copy of the order appealed against
The appeal was incompetent and was struck out because the record contained no certified copy of the order appealed against, which is a mandatory requirement.
The Court treated the requirement of a certified copy of the order appealed against as mandatory rather than directory. Non-compliance with that rule is not a mere irregularity capable of being excused: it goes to the competence of the appeal itself, leaving the Court no discretion but to strike the appeal out. No order as to costs was made.
Legal principles established
#- A certified copy of the order appealed against is a mandatory requirement; failure to include it in the record renders an appeal incompetent and liable to be struck out.
Court orders
#- 1.The appeal is struck out for non-compliance with the mandatory requirement of filing a certified copy of the order appealed against.
- 2.No order as to costs.
- On appeal from
- High Court of Kenya at Nairobi
- H.C.C.C. No. 6 of 1994
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over a ruling of the High Court (Civil Appeal No. 128 of 1994); the specific constitutional or statutory provision is not stated in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kihiu Mwiri Farmers Company Limited v 1. Standard Chartered Estate Management Limited 2. Coffee Board of Kenya", Case Analysis (1996). Civil Appeal No. 128 of 1994. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.