Kairu v Kingori & another (Civil Application 42 of 2021) [2020] KECA 2 (KLR)
The bottom line
#The Court of Appeal refused to extend time to appeal, ruling that COVID-19 is not an automatic excuse for missing court deadlines in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Factors for extension of time under Rule 4
The decision is discretionary and turns on the length of the delay, the reason for it, the chances of the appeal succeeding, and prejudice to the respondent
Though the Rules do not prescribe factors, the Court has over the years devised principles, first articulated in Leo Sila Mutiso v Rose Hellen Wangari Mwangi, guiding the free and unfettered discretion on extension-of-time applications.
Sufficiency of the COVID-19 explanation
Raising the COVID-19 flag is not automatic forbearance; the applicant neither sought the judgment date nor utilised the e-filing and e-service systems introduced by the Chief Justice's Practice Directions and the President of the Court of Appeal's Practice Notes
The court accepted that court operations were scaled down in March 2020, but noted the subsequent Practice Directions on Electronic Case Management and the April 2021 Practice Notes providing for e-filing, e-payment and e-service, so timelines remained enforceable and the explanation failed.
Legal principles established
#- COVID-19 is not a blanket excuse for litigation defaults; the pandemic has not suspended timelines and litigants must comply with them
- Any delay, however long, must be reasonably explained; a plausible and satisfactory explanation unlocks the court's discretion
Court orders
#- 1.Application dismissed with costs
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kairu v Kingori & another (Civil Application 42 of 2021) [2020] KECA 2 (KLR)", Case Analysis (2022). Undated Motion (Court of Appeal, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/2/eng@2020-08-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.