Joseph Gichuhi Kariuki Njuguna Mugo (Officials of AIC Kamangu) Benson Mwangi Mugo and Daniel Thuo Wanjohi (as officials of the AIC Kikuyu District Church Council v Kimani (Civil Application E013 of 2020) [2021] KECA 287 (KLR)
The bottom line
#Kenya's Court of Appeal gave church leaders more time to appeal a land ruling after COVID-19 lockdowns and a negligent advocate kept them unaware of the judgment.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under Rule 4 of the Court of Appeal Rules
The applicants satisfied the Rule 4 parameters: the delay was occasioned by their advocates' failure to inform them of the judgment during the COVID-19 period, the intended appeal was arguable, and the respondent would suffer little prejudice.
Rule 4 confers an unfettered discretion to extend time, guided by the non-exhaustive factors in Leo Sila Mutiso and later authorities. The applicants learned of the judgment only when the respondent threatened to demolish their church, promptly filed the notice of appeal, and raised an arguable issue on constructive trust over the suit property. Balancing the injustice of shutting them out against prejudice to the respondent, extension was merited.
Time for filing the record of appeal under Rule 82
A record of appeal should be filed within 60 days of lodging the notice of appeal, with the time taken to assemble typed proceedings excluded upon certification.
Rule 82 requires institution of the appeal within sixty days of lodging the notice of appeal. Where a party applies for typed proceedings within thirty days, the time certified by the registrar as required for preparation and delivery of the copy is excluded, and the Deputy Registrar issues a Certificate of Delay verifying the excluded period.
Legal principles established
#- Extension of time under Rule 4 is discretionary and governed by non-exhaustive factors including length of delay, reason for delay, arguability of the appeal and prejudice to the respondent
- There is no statutory minimum or maximum period of delay, but the delay must be satisfactorily explained
Court orders
#- 1.That the notice of appeal filed on 2nd June, 2020 be deemed as properly filed
- 2.Leave granted to the applicant to file and serve a record of appeal out of time against the judgment and decree of the ELC at Nairobi (Okong'o, J.) in ELC Appeal No. 38 of 2014
- 3.That the record of appeal be filed and served within thirty (30) days from the date hereof
- 4.Costs of this application to abide by the outcome of the intended appeal
- On appeal from
- Environment and Land Court at Nairobi
- ELC Appeal No. 38 of 2014
- Jurisdiction invoked
- Rules 4, 41 & 42 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Gichuhi Kariuki Njuguna Mugo (Officials of AIC Kamangu) Benson Mwangi Mugo and Daniel Thuo Wanjohi (as officials of the AIC Kikuyu District Church Council v Kimani (Civil Application E013 of 2020) [2021] KECA 287 (KLR)", Case Analysis (2021). Civil Application No. NAI. 356 of 1996 (as cited in text); application dated 14th July, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/287/eng@2021-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.