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Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in the judgment

George Owuor Olaka v Paul K. Muruga [2019] KECA 264 (KLR)

Court of Appeal of Kenya
14 October 2019
278 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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The Court of Appeal refused to extend time to file an appeal record because the applicant could not explain a four-month delay.

What this practically means

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Executive summary

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This is a single-judge decision of the Court of Appeal at Eldoret, delivered by Otieno Odek, JA, on 14th October 2019, determining a Notice of Motion dated 15th August 2019 in which the applicant sought extension of time to file the Record and Memorandum of Appeal out of time. The applicant had filed a Notice of Appeal on 9th June 2017, within time, but had not filed the Record of Appeal. In support of the application, the applicant attributed the delay to the time taken to obtain certified proceedings and the judgment of the High Court, and attached a Certificate of Delay dated 2nd May 2019 that excluded the period between 9th June 2017 and 12th April 2019 from the computation of time. The court accepted that the notice of appeal was filed within time but found that the applicant had not explained the delay between 12th April 2019, when the proceedings were ready, and 15th August 2019, when the extension application was filed. Holding that in the absence of any explanation or reason for delay after the certificate of delay the application was filed after an unexplained delay, the court dismissed the motion with costs, stating that no reason for the delay had been given to enable it to exercise its discretion to extend time. The decision below was not disturbed, as the ruling concerns only procedural leave; no authorities were cited and no separate opinions were filed.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has offered a sufficient explanation for the delay in filing the Record and Memorandum of Appeal to justify extension of time

Key legal issues

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01

Whether unexplained delay after the expiry of the certified-delay period warrants extension of time

Holding

The application was dismissed because the applicant did not account for the delay between 12th April 2019 and 15th August 2019; extension of time is a discretionary remedy requiring an explanation for the whole period of delay.

Reasoning

The Notice of Appeal was filed within time on 9th June 2017, and a Certificate of Delay excluded the period from 9th June 2017 to 12th April 2019 in the computation of time. However, once the proceedings were ready on 12th April 2019, no reason was advanced for the further delay until 15th August 2019. In the absence of any explanation for that unaccounted period, the judge declined to exercise the discretion to extend time.

p. 1

Legal principles established

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  • A certificate of delay excludes only the period it covers; an applicant for extension of time must still explain any delay after the date the proceedings were certified ready, failing which the application will be dismissed.

Court orders

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  1. 1.The Notice of Motion dated 15th August, 2019 seeking extension of time is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court
Jurisdiction invoked
Inherent discretion of the Court of Appeal to extend time for filing the Record and Memorandum of Appeal (rule-based extension-of-time jurisdiction)

Relief refused

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Extension of time to file the Record and Memorandum of Appeal out of time

The applicant failed to explain the delay between 12th April 2019 (when proceedings were ready) and 15th August 2019 (when the application was filed), so the discretion to extend time was not exercised in the applicant's favour

p. 1

Costs

The Notice of Motion dated 15th August, 2019 be and is hereby dismissed with costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the absence of any explanation or reason for delay after the certificate of delay, I find that the instant application was filed after a delay that has not been explained.
p. 1Unexplained delay after certificate of delay
Accordingly, the Notice of Motion dated 15 th August, 2019 be and is hereby dismissed with costs. The applicant has not given any reason for delay to enable me exercise my discretion to extend time.
p. 1Final orders - dismissal of extension-of-time application

Issues in the judgment

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material

The copy of the judgment does not state the case title, case number, or the parties' names; the parties are referred to only as 'the applicant'.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "George Owuor Olaka v Paul K. Muruga [2019] KECA 264 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/264/eng@2019-10-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.