Amanaka v Amanaka
The bottom line
#The Court of Appeal refused to extend time for a late appeal, ruling that choosing review instead of appealing does not excuse a 33-month delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of 33 months in seeking to appeal was adequately explained
The delay was inordinate and the explanation not plausible; the applicant's election of review over appeal did not justify the delay
The applicant had two alternatives to challenge the High Court judgment: review before the same court or an appeal to the Court of Appeal. She elected review. The Court of Appeal could not tell why the review had not been heard, and disappointment at the pace of the review could not constitute a good reason for the delay in filing an appeal.
The principles governing extension of time applications
The court applies the settled Mutiso principles: length of delay, reasons for delay, chances of appeal succeeding, and prejudice to the respondent
Sitting as a single judge, the court restated the principles from Leo Sila Mutiso v Rose Hellen Wangari Mwangi, confirming that the decision to extend time is discretionary and that the four factors are weighed in deciding whether to grant an extension of time for appealing.
Legal principles established
#- Extension of time is discretionary and is governed by the length of and reasons for delay, chances of appeal succeeding, and prejudice to the respondent
- A party who elects review in the High Court instead of an appeal cannot later seek extension of time merely because the review was slow
Court orders
#- 1.The Notice of Motion dated December 24, 2021 seeking extension of time is dismissed with costs
- On appeal from
- High Court of Kenya at Kakamega
- Succession Cause No. 534 of 2016
- Jurisdiction invoked
- Articles 22 and 23 of the Constitution (as invoked by the applicant); single judge jurisdiction of the Court of Appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amanaka v Amanaka", Case Analysis (2022). Civil Application E031 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/691/eng@2022-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.