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Court of AppealOtherCivil Application (number not stated on face of ruling; related to Civil Application No. 180 of 2020)· [2020] KECA 216 (KLR)

Nubian Rights Forum v Kenya Human Rights Commission & 17 others [2020] KECA 216 (KLR)

Court of Appeal
6 November 2020
WKW. Karanja
149 words in judgment
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The bottom line

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Kenya's Court of Appeal resolved Nubian Rights Forum's late-appeal application by simply adopting its ruling on an identical companion application.

What this practically means

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Executive summary

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This is a brief procedural ruling of the Court of Appeal, delivered by W. Karanja, JA sitting singly at Nairobi on 6th November 2020, on an application by Nubian Rights Forum for extension of time under Rule 4 of the Court of Appeal Rules to file and serve an appeal out of time. The intended appeal lies against the judgment of the High Court delivered by W. Korir, P. Nyamweya and M. Ngugi, JJ on 30th January 2020. The application mirrors a companion application, Civil Application No. 180 of 2020, in which the Kenya Human Rights Commission is the first respondent; the same parties appear in both. Finding that the facts deposed to and the reasons given for the delay were identical in both applications, the judge declined to make a fresh substantive determination and instead ordered that the ruling already given in Civil Application No. 180 of 2020 applies mutatis mutandis to the present application. No separate costs order is recorded in the ruling, and the text does not reproduce the substantive terms of the companion ruling, so whether time was in fact extended must be ascertained from that ruling. The decision is administrative in character and creates no new precedent; its significance lies in the court's practice of disposing of identical companion extension-of-time applications by a single mutatis mutandis order.

Key legal issues

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01

Extension of time to appeal out of time where a companion application raises identical facts and reasons for delay

Holding

Because the facts deposed to and the reasons given for the delay are the same as in Civil Application No. 180 of 2020, the single judge applied the ruling in that application mutatis mutandis to this one.

Reasoning

The judge noted that both applications sought extension of time under Rule 4 of the Court of Appeal Rules to file and serve an appeal out of time from the same High Court judgment dated 30th January 2020. The facts deposed to and the reasons for delay were identical across the two applications, so there was no need for a separate substantive analysis; the ruling in the companion application was adopted wholesale.

p. 2

Legal principles established

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  • This is a single-judge procedural ruling applying the outcome of a companion application mutatis mutandis; it establishes no novel binding precedent beyond the court's practice on Rule 4 extension-of-time applications.

Court orders

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  1. 1.The Ruling given in Civil Application No. 180 of 2020 applies mutatis mutandis to this application

Authorities

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Legislation

  • Court of Appeal RulesRule 4
On appeal from
High Court
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time to file and serve an appeal out of time)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nubian Rights Forum v Kenya Human Rights Commission & 17 others [2020] KECA 216 (KLR)", Case Analysis (2020). Civil Application (number not stated on face of ruling; related to Civil Application No. 180 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/216/eng@2020-11-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.