Nuru Badi Said v Okumu Paul & 1 other
The bottom line
#Kenya's Court of Appeal protected an appellant from having their appeal killed over delays in preparing court proceedings that were not their fault.
What this practically means
#Executive summary
#Key legal issues
#Effect of the proviso to Rule 82(1) of the Court of Appeal Rules on computation of the 60-day period for filing a record of appeal
Where an appellant applies in writing for typed proceedings within 30 days of the decision and copies the request to the respondent, the 60-day period for lodging the record of appeal is suspended for the duration of the preparation of the proceedings; failure to file the record within 60 days is therefore not fatal in such circumstances.
The court accepted, following Mistry Premji Ganji (Investments) Limited v Kenya National Highways Authority, that the proviso to Rule 82(1) affords an appellant a reprieve where proceedings are delayed in preparation. The respondents' advocate applied for proceedings within 30 days, copied the applicant's advocates, and sent numerous documented reminders to the Deputy Registrar. The delay was thus attributable to the court's processes, not the respondents, rendering the striking-out application premature.
Timeliness of the Notice of Appeal under Rule 75
The Notice of Appeal was filed within the 14-day period prescribed under Rule 75 of the Court of Appeal Rules and was not in issue.
Based on the material before it, the court had no doubt that the notice of appeal filed on 24th May 2019, following the judgment of 16th May 2019, was within the 14-day period prescribed by Rule 75. The dispute concerned only the record of appeal under Rule 82.
Legal principles established
#- Computation of the 60-day window under Rule 82(1) for lodging a record of appeal is suspended during the typing of proceedings, provided the appellant serves the letter bespeaking proceedings upon the court and the respondent.
- A certificate of delay can only be issued after preparation of the proceedings is complete, so its absence cannot be held against an appellant awaiting typed proceedings.
Court orders
#- 1.The applicant's application to strike out the respondents' Notice of Appeal or have it deemed withdrawn is dismissed
- 2.Costs of the application awarded to the respondents
- On appeal from
- High Court of Kenya at Kisumu
- Ksm. H.C.C. Case No. 5 of 2016
- Jurisdiction invoked
- Rules 82, 83 and 84 of the Court of Appeal Rules (application to strike out Notice of Appeal / deem it withdrawn)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nuru Badi Said v Okumu Paul & 1 other", Case Analysis (2020). Civil Application No. 13 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/39/eng@2020-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.