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Court of AppealAllowedRule 4 application (Notice of Motion dated 29th June 2021)· [2021] KECA 311 (KLR)

Kenya Railways Corporation v Katangi Developers Limited & 2 others

Court of Appeal of Kenya
17 December 2021
Mohamed Abdulahi WarsameM. Warsame
499 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal ruled that when a court registry delays providing certified proceedings, litigants can still get more time to file their appeals.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi delivered by Warsame JA on 17th December 2021, determining a Notice of Motion dated 29th June 2021 in which Kenya Railways Corporation sought extension of time to file its Memorandum of Appeal and Record of Appeal. The applicant was aggrieved by a judgment of Ombwayo J. delivered on 11th February 2021 allowing the 1st respondent's petition against it and the 2nd respondent. The applicant had filed its notice of appeal on 22nd February 2021 and requested certified copies of the judgment and proceedings on 17th February 2021, both within the prescribed time. The delay in mounting the record was attributed to the inaccessibility of the court file, which moved between the Judge's chambers and the registry amid pending applications, preventing the typing and processing of proceedings. The court applied the settled Rule 4 factors - length and reasons for delay, arguability of the intended appeal, prejudice to the respondent, public interest and the interests of justice - citing Velos Enterprises Ltd v Paragon Electronics Limited. It held that while litigants may follow up on their requests, responsibility for preparing and releasing certified proceedings rests with the court registry. Finding the explanation satisfactory, the court allowed the application, directed filing and service of the memorandum and record of appeal within 30 days, and made no order as to costs. The underlying High Court judgment was not disturbed at this stage; this ruling merely reopened the appellate window.

Key legal issues

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01

Whether inaccessibility of the court file and non-supply of certified proceedings constitutes a reasonable explanation for delay in filing an appeal

Holding

Yes. Where the applicant timeously filed a notice of appeal and requested certified copies, the delay is attributable to the registry, not the applicant, and the extension is merited.

Reasoning

The court noted the applicant filed its notice of appeal on 22nd February 2021 and requested certified copies on 17th February 2021, both within the stipulated time. Without certified proceedings and judgment any appeal would be defective. While litigants may follow up, ultimate responsibility for typing, processing and releasing proceedings rests with the registry. The explanation therefore satisfied the Rule 4 factors and no prejudice was found.

p. 2

Legal principles established

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  • Once a party has timeously requested proceedings, the responsibility for preparing and supplying certified copies of the judgment and proceedings lies with the court registry, not the litigant.
  • The Rule 4 discretion is exercised by weighing the length of and reasons for the delay, arguability of the intended appeal, prejudice to the other party, public interest and the interests of justice.

Court orders

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  1. 1.Leave granted to file the memorandum of appeal and record of appeal out of time
  2. 2.Memorandum of appeal and record of appeal to be filed and served within 30 days
  3. 3.No orders as to costs
On appeal from
High Court of Kenya
Not stated
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension 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, "Kenya Railways Corporation v Katangi Developers Limited & 2 others", Case Analysis (2021). Rule 4 application (Notice of Motion dated 29th June 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/311/eng@2021-12-17

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