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Court of AppealDismissedCivil Application No. 185 of 2020· [2021] KECA 466 (KLR)

Nubian Rights Forum v Kenya Human Rights Commission & 17 others [2021] KECA 466 (KLR)

Court of Appeal
9 July 2021
SKS. Gatembu KairuJMJ. MohammedSKS. ole Kantai
366 words in judgment
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The bottom line

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The Court of Appeal dismissed the Nubian Rights Forum's challenge, leaving the single judge's extension of time for filing an appeal undisturbed.

What this practically means

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Executive summary

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This was a reference to the full Court of Appeal under Rule 55(1)(b) of the Court of Appeal Rules, brought by Nubian Rights Forum - paradoxically, the successful party below - against the ruling of W. Karanja, J., delivered on 6th November 2020. The single judge had allowed the applicant's application dated 30th June 2020 under Rule 4 of the Rules for extension of time to file an appeal against the judgment of the High Court at Nairobi (W. Korir, P. Nyamweya & M. Ngugi, JJ.) dated 30th January 2020 in Consolidated Constitutional Petitions No. 56, 58 & 59 of 2019. The Court of Appeal (Gatembu Kairu, Mohammed and ole Kantai, JJ.A) disposed of the reference in the briefest of terms. Observing that the facts and circumstances of the reference were identical to those in Civil Application No. 180 of 2020, decided the same day, the Court held that its ruling and orders in that application applied mutatis mutandis to this reference. No independent analysis of the Rule 4 discretion was undertaken, no authorities were cited, and no costs order was made. The effect is that the single judge's decision extending time was left undisturbed, the reference having been resolved by adoption of the companion ruling. No separate opinions were written; the bench was unanimous. Practitioners should note that the substantive orders cannot be ascertained from this judgment alone, as they are incorporated by cross-reference to Civil Application No. 180 of 2020, which must be read together with this ruling.

Key legal issues

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Whether the reference under Rule 55(1)(b) should succeed against the single judge's Rule 4 extension-of-time ruling

Holding

The reference was resolved by applying the Court's contemporaneous ruling in Civil Application No. 180 of 2020 mutatis mutandis; no separate analysis was undertaken.

Reasoning

The Court noted the facts and circumstances of this reference were identical to those in Civil Application No. 180 of 2020 decided the same day. Rather than re-hear the matter, it adopted the ruling and orders from that application and applied them to this reference, effectively disposing of the reference without disturbing the single judge's discretionary decision.

p. 2

Legal principles established

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  • Where the facts and circumstances of a reference are the same as those in a previously determined application, the Court's ruling and orders in the earlier application apply mutatis mutandis to the later reference

Court orders

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  1. 1.The ruling and orders in Civil Application No. 180 of 2020 of the same date apply mutatis mutandis to this reference
  2. 2.Orders accordingly

Authorities

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Legislation

  • Court of Appeal RulesRule 55(1)(b)
  • Court of Appeal RulesRule 4
On appeal from
High Court of Kenya at Nairobi
Consolidated Constitutional Petitions No. 56, 58 & 59 of 2019 (single judge ruling of W. Karanja, J., dated 6th November 2020, on an application dated 30th June 2020)
Jurisdiction invoked
Rule 55(1)(b) of the Court of Appeal Rules (reference against a single judge's ruling under Rule 4 on extension of time)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Nubian Rights Forum v Kenya Human Rights Commission & 17 others [2021] KECA 466 (KLR)", Case Analysis (2021). Civil Application No. 185 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/466/eng@2021-07-09

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