MWANIKI KIBUI vs JANE WERU (ADMINISTRIX OF WERU KARURI) [1999] KECA 52 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that a notice of appeal can be struck out if the appellant never lodges the record of appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the notice of appeal should be struck out on the ground that the essential step of lodging the record of appeal has not been taken
Key legal issues
#Whether a notice of appeal can be struck out for failure to lodge the record of appeal
Yes; the court struck out the notice of appeal because the essential step of lodging the record of appeal had not been taken, and noted the application was unopposed and rightly so.
The applicant sought striking out of the notice of appeal on the basis that the record of appeal, an essential step in prosecuting the appeal, had not been lodged. The respondent did not oppose the application, and the court agreed that the opposition would have been unjustified. The court accordingly struck out the notice and awarded costs to the applicant.
Legal principles established
#- A notice of appeal may be struck out where the essential step of lodging the record of appeal has not been taken.
Court orders
#- 1.The notice of appeal dated 8/4/93 lodged in Meru H.C.C.C. No. 10 of 1991 is struck out
- 2.The applicant is awarded the costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Meru
- H.C.CR.A. No. 10 of 1991
- Jurisdiction invoked
- Inherent appellate jurisdiction of the Court of Appeal over notices of appeal lodged in the High Court (application to strike out a notice of appeal); no specific constitutional or statutory provision is cited in the 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.
The notice of appeal dated 8/4/93, lodged in Meru H.C.C.C. NO. 10 of 1991 is hereby ordered struck out. The applicant will have costs of this application.
on the ground that the essential step of lodging the record of appeal has not been taken
Issues in the judgment
#The judgment is a very short ruling and does not state the specific rule or statutory provision under which the application was brought.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "MWANIKI KIBUI vs JANE WERU (ADMINISTRIX OF WERU KARURI) [1999] KECA 52 (KLR)", Case Analysis (1999). Civil Application No. NAI 261 of 1999 (Nyr 20/99). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1999/52/eng@1999-10-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.