Pcea Kikuyu Hospital v Helen Kiramana [2020] KECA 161 (KLR)
The bottom line
#Kenya's Court of Appeal allowed an appeal filed 869 days late because the delay was explained and the decretal money was secured.
What this practically means
#Executive summary
#Key legal issues
#Whether the 869-day delay was adequately explained
Yes; a Certificate of Delay covered most of the period and the balance was attributable to counsel's mistake and the clerk's indisposition, which constitute sufficient cause.
The Court noted the Certificate of Delay showing the High Court took from 20th July 2016 to 4th December 2018 to supply certified proceedings. The remaining lapse was partly counsel's mistake and partly the clerk's hospitalisation, following Belinda Murai that counsel's mistakes may amount to sufficient cause. The court was satisfied the delay was well explained.
Whether the intended appeal is arguable
Yes; the draft memorandum of appeal showed an arguable, non-frivolous appeal.
The judge perused the impugned judgment and the draft memorandum of appeal and found the intended appeal arguable, applying the Kang'ethe Kinyanjui standard that an arguable appeal need only be non-frivolous and worth considering.
Whether the respondent would suffer prejudice
No; substantial payment had been made and the balance was secured in an escrow account.
The applicant had paid Kshs.3,382,195 of the decretal sum and a further Kshs.1,500,000 was held in an interest-earning account in the joint names of the parties' advocates, so no prejudice would arise from allowing the extension.
Legal principles established
#- In a rule 4 application the Court exercises unfettered discretion considering the period of delay, reason for delay, chances of the appeal succeeding and prejudice to the respondent.
- An arguable appeal need not be one that will succeed; it suffices that it is not frivolous.
Court orders
#- 1.The Notice of Motion dated 14th March 2019 is allowed as prayed (extension of time to file and serve the memorandum and record of appeal, with the memorandum of appeal deemed properly filed)
- 2.No order as to costs
- On appeal from
- High Court
- HCCC No. 254 of 2013
- Jurisdiction invoked
- Rules 4, 42 and 47 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pcea Kikuyu Hospital v Helen Kiramana [2020] KECA 161 (KLR)", Case Analysis (2020). Court of Appeal application under rules 4, 42 and 47; Notice of Motion dated 14th March 2019 (arising from High Court HCCC No. 254 of 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/161/eng@2020-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.