Kamau v Assets Recovery Agency
The bottom line
#Kenya's Court of Appeal allowed an appeal to proceed even though it was filed late, because the delay was the court registry's fault, not the appellant's.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under Rule 4
The applicant satisfied the court that the discretion should be exercised in his favour where the delay was attributable to the Deputy Registrar not signing the Notice of Appeal on time
The court applied the Fakir Mohamed principles: unfettered discretion considering period of delay, reasons, arguability and prejudice. The applicant changed lawyers after judgment, obtained leave to come on record, filed a Notice of Appeal and bespeaking proceedings, but the Deputy Registrar did not sign the Notice until 29th June, 2021, after the 14-day period expired. The delay was thus not the applicant's fault and the draft Memorandum showed an arguable appeal.
Leave to come on record after judgment
A law firm coming on record for a party after judgment has been delivered must obtain leave of court
The court noted as common ground that the Civil Procedure Act requires a new law firm to obtain leave of court to come on record after judgment. The applicant's new firm applied shortly after judgment and a consent was recorded on 22nd June, 2021 allowing it to come on record, after which it filed the Notice of Appeal and letter bespeaking proceedings.
Legal principles established
#- Rule 4 discretion is unfettered; the court considers all relevant factors including delay, reasons, arguability and prejudice
Court orders
#- 1.Extension of time granted for serving Notice of Appeal and lodging Record of Appeal out of time
- 2.Notice of Appeal signed by the Deputy Registrar on 29th June, 2021 deemed properly filed
- 3.Notice of Appeal to be served on the respondent within 14 days
- 4.Record of Appeal to be filed within 30 days after service
- 5.Costs of the Motion to be in the appeal
- On appeal from
- High Court of Kenya at Nairobi
- Civil Application No. 13 of 2020
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution of Kenya, 2010 and rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau v Assets Recovery Agency", Case Analysis (2022). Civil Application Nai. E315 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/401/eng@2022-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.