Nairobi City Council Assembly & 8 others v Ethics and Anti-Corruption Commission [2020] KECA 194 (KLR)
The bottom line
#The Court of Appeal allowed the Nairobi County Assembly nearly 50 extra days to file its appeal, confirming that well-explained delays won't automatically kill your right to appeal in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay was sufficiently explained
The delay of about 48 days was adequately explained; the misfiling of the letter seeking instructions accounted for it, and it was not necessary to exhibit the correspondence.
The acting Clerk explained that owing to the volume of correspondence the letter seeking instructions was misfiled and only discovered on 31st January 2019, after which instructions were given and the application filed on 7th February 2019. The court held the applicants were not obliged to exhibit the letter and response, and was satisfied the delay was well explained.
Arguability and prejudice
The intended appeal was arguable and the respondent would suffer no incurable prejudice, while refusal would frustrate the applicants' constitutional right of appeal.
The judge perused the impugned judgment and draft memorandum of appeal and was persuaded the appeal was arguable. Balancing the parties' positions, no incurable prejudice to the respondent was identified, whereas denial of the extension would frustrate the applicants' constitutional right of appeal, tipping the balance in favour of the extension.
Legal principles established
#- In rule 4 applications the Court exercises an unfettered discretion guided by the length of and reason for delay, the arguability of the intended appeal, and prejudice to the respondent.
Court orders
#- 1.The Notice of Motion dated 5th February 2019 is allowed as prayed
- 2.Extension of time to file and serve notice and record of appeal against the High Court judgment of 5th December 2018
- 3.The notice of appeal filed to be deemed duly filed in time
- 4.Costs of the application to be in the appeal
- On appeal from
- High Court of Kenya at Nairobi
- ACEC Misc. No. 41 of 2018
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Tarus & 51 others v General & 33 others (Constitutional Petition 8 of 2020) [2026] KEELC 4038 (KLR)[2026] KEELC 4038 (KLR)2 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Nairobi City Council Assembly & 8 others v Ethics and Anti-Corruption Commission [2020] KECA 194 (KLR)", Case Analysis (2020). ACEC Misc. No. 41 of 2018 (application for extension of time). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/194/eng@2020-11-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.