Murungi Kirigia v Catherine Kawira Muriungi [2018] KECA 719 (KLR)
The bottom line
#Kenya's Court of Appeal refused to extend time for an appeal filed eight years late because the applicant filed no Notice of Appeal and wasn't honest with the court.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under rule 4 of the Court of Appeal Rules
The application was dismissed: the applicant had not filed a Notice of Appeal against the judgment he sought to challenge, annexed no draft memorandum of appeal, was not candid with the court, and the delay of over seven years was inordinate
The court applied the settled Mutiso principles. It noted the applicant had earlier sought to set aside the ex-parte judgment and, having failed, should have appealed that refusal. No Notice of Appeal existed for the 9th July 2009 judgment, no draft grounds of appeal were exhibited, and the applicant's affidavit contradictions on paternity showed he was undeserving of the discretionary relief. Delay was inordinate.
Candour as a condition of the court's discretion
Material non-disclosure and contradictions between the applicant's affidavits (describing the respondent as his niece in 2014 but as his biological daughter in 2017) disentitled him from discretionary relief
The court contrasted the applicant's 2014 affidavit deponing that the respondent was his niece with his 2017 claim that she was his biological daughter. This inconsistency led the court to conclude he was less than candid, which together with the inordinate delay justified refusal of the extension.
Legal principles established
#- The decision whether or not to extend time for appealing is discretionary, guided by the length of the delay, the reason for delay, the chances of the appeal succeeding, and the prejudice to the respondent
Court orders
#- 1.Dismissal of the applicant's motion dated 2nd June 2017 with costs to the respondent
- On appeal from
- High Court of Kenya at Meru
- Civil Case No. 134 of 2003
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (application for extension of time), being an application from the judgment and orders of the High Court at Meru
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murungi Kirigia v Catherine Kawira Muriungi [2018] KECA 719 (KLR)", Case Analysis (2018). Civil Application No. 58 of 2017 (UR 39/2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/719/eng@2018-02-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.