Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedUndated Motion (Court of Appeal, Kisumu)· [2020] KECA 2 (KLR)

Kairu v Kingori & another (Civil Application 42 of 2021) [2020] KECA 2 (KLR)

Court of Appeal of Kenya
11 February 2022
659 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

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

#
This is a single-judge ruling of the Court of Appeal at Kisumu by Kiage, JA, delivered on 11 February 2022, on an undated Motion by Jane Wangui Kairu seeking leave to give, lodge and serve a notice of appeal out of time under Rule 4 of the Court of Appeal Rules. There was no reply or submissions from the respondents. The judge reiterated the settled principles from Leo Sila Mutiso v Rose Hellen Wangari Mwangi: the length of the delay, its reason, the chances of the appeal succeeding, and prejudice to the respondent. The applicant explained the delay by asserting she was never notified of the judgment date and that the COVID-19 pandemic prevented her accessing the court registry. The court found this unsatisfactory: she took no steps to establish the judgment date, and although the Chief Justice scaled down court operations in March 2020, the subsequent Practice Directions on Electronic Case Management and the Court of Appeal Practice Notes provided for e-filing, e-payment and e-service. The judge declined to let parties use COVID-19 as a ready scapegoat for defaults, observing that the pandemic has become the New Normal and has not suspended timelines. The application was dismissed with costs. The decision binds litigants and lower courts to the effect that COVID-19 confers no automatic forbearance from procedural deadlines.

Key legal issues

#
01

Factors for extension of time under Rule 4

Holding

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

Reasoning

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.

p. 2
02

Sufficiency of the COVID-19 explanation

Holding

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

Reasoning

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.

p. 2

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. 1.Application dismissed with costs

Authorities

#

Legislation

  • Court of Appeal RulesRule 4

Cases cited (2)

  • Leo Sila Mutiso -vs- Rose Hellen Wangari Mwangi
    (1999) 2 EA 231
  • Andrew Kiplagat Chemaringo -vs- Paul Kipkorir Kibet
    [2018] eKLR
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.