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Court of AppealAllowedCivil Appeal (Application) No. 553 of 2020· [2020] KECA 305 (KLR)

Attorney General v Mike Maina Kamau [2020] KECA 305 (KLR)

Court of Appeal of Kenya
9 October 2020
RNR. N. Nambuye
406 words in judgment
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The bottom line

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Kenya's Court of Appeal gave the Attorney General more time to file an appeal record, showing late filings can still be saved with a good explanation.

What this practically means

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Executive summary

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This is an in-chambers ruling of the Court of Appeal at Nairobi delivered by Nambuye, JA, on 9th October 2020 in Civil Appeal (Application) No. 553 of 2020. The Attorney General, as applicant, sought under Rule 4 of the Court of Appeal Rules 2010 an extension of time for filing the record of appeal, an order deeming the record already filed as Civil Appeal No. 553 of 2019 properly on record, and costs in the cause. The appeal was intended to lie from a decision of the Environment and Land Court (Gacheru, J) at Thika dated 29th November 2017 in ELC No. 1303 of 2014. The applicant relied on the grounds in the notice of motion and the supporting affidavit of Prof. Arch. Paul M. Maringa; the respondent, Mike Maina Kamau, filed replying and further replying affidavits opposing the application. The applicant also filed written submissions dated 3rd August 2020. The court identified Rule 4 as the substantive rule governing extension of time and applied the principles restated in Martin W. Nguru v Attorney General and Vishva Stone Suppliers Co Ltd v RSR Stone [2006] Ltd. Being satisfied that the application was meritorious, the court extended the time for filing the record of appeal to 14th November 2019, the date the record was actually filed, deemed the record as properly filed, and ordered that costs of the application abide the outcome of the appeal. This interlocutory ruling determines no substantive rights and sets no new precedent.

Key legal issues

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Extension of time for filing the record of appeal under Rule 4 of the Court of Appeal Rules

Holding

The application for extension of time was meritorious and was granted, with the record already filed deemed properly filed.

Reasoning

The single judge applied the principles restated in Martin W. Nguru v Attorney General and Vishva Stone Suppliers Co Ltd v RSR Stone [2006] Ltd for exercising the discretion under Rule 4. On considering the grounds, the supporting affidavit and submissions, the court was satisfied that the applicant's application met those principles and warranted extension of time nunc pro tunc to the date the record was actually filed, with costs to abide the appeal.

p. 1

Legal principles established

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  • This is an interlocutory in-chambers ruling on extension of time; it decides no substantive issue and lays down no binding rule beyond applying the settled Rule 4 extension-of-time principles.

Court orders

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  1. 1.Time for filing of the record of appeal is extended to 14th November 2019, the date on which the Record of Appeal was filed
  2. 2.The Record of Appeal as filed is deemed as properly filed
  3. 3.Costs of the application to abide the outcome of the appeal

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 164(3)(a)
  • Appellate Jurisdiction ActSections 3, 3A and 3B
  • Court of Appeal Rules, 2010Rule 4

Cases cited (2)

  • Martin W. Nguru vs. Attorney General
    [2020] eKLR
  • Vishva Stone Suppliers Company Limited vs. RSR Stone [2006] Limited
    [2020] eKLR
On appeal from
Environment and Land Court
Thika ELC No. 1303 of 2014
Jurisdiction invoked
Article 164(3)(a) of the Constitution, Sections 3, 3A and 3B of the Appellate Jurisdiction Act, and Rule 4 of the Court of Appeal Rules 2010

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, "Attorney General v Mike Maina Kamau [2020] KECA 305 (KLR)", Case Analysis (2020). Civil Appeal (Application) No. 553 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/305/eng@2020-10-09

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