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Court of AppealAllowedMotion dated May 20, 2023 (Civil Appeal No E374 of 2023)· [2023] KECA 1203 (KLR)

Raghvani v Kirigia (Civil Appeal (Application) E374 of 2023) [2023] KECA 1203 (KLR)

Court of Appeal of Kenya
6 October 2023
SKS. ole Kantai
627 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed an appeal filed late because the 249-day delay was caused by the court's own slow typing of proceedings, not the appellant.

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 S. ole Kantai, JA, on an application under rule 4 of the Court of Appeal Rules, 2023, seeking admission of an appeal out of time. The underlying judgment of the Environment and Land Court was delivered on July 14, 2022 in favour of the respondent. The applicant filed a notice of appeal on July 19, 2022 (lodged July 27, 2022, within time) and applied for proceedings on July 28, 2022. A Certificate of Delay issued by the Deputy Registrar, Environment and Land Court, Milimani, certified that 249 days were taken in typing out the proceedings. The court applied the settled principles for extension of time drawn from Leo Sila Mutiso v Rose Wangari Mwangi, as restated in Maina Johana Miano v Leah Wanyara Gichohi and Issa Masudi Mwabumba, and the oxygen principles under sections 3A and 3B of the Appellate Jurisdiction Act read with Article 159 of the Constitution. Finding the applicant vigilant throughout and the delay attributable to the court's typing, the court held the delay was not inordinate, allowed the Motion dated May 20, 2023, admitted the Record of Appeal as Civil Appeal No E374 of 2023, and made costs of the Motion costs in the appeal. No written submissions had been filed by either party.

Key legal issues

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01

Extension of time to appeal under rule 4 of the Court of Appeal Rules, 2023

Holding

The application was allowed; the applicant was vigilant, filed a notice of appeal within time, and the 249-day delay in typing proceedings was not attributable to him

Reasoning

The court applied the well-established factors in Leo Sila Mutiso v Rose Wangari Mwangi as reaffirmed in Maina Johana Miano and Issa Masudi Mwabumba, including the length of the delay, the reason for it, and the desirability of disposing of litigation, guided by sections 3A and 3B of the Appellate Jurisdiction Act and Article 159 of the Constitution. A Certificate of Delay confirmed 249 days were consumed by the court in typing proceedings.

p. 2

Legal principles established

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  • An applicant for extension of time must show a reasonably arguable appeal, lack of inordinate delay, and diligence in pursuing the appeal; a Certificate of Delay attributable to the court's own typing delays excuses the applicant

Court orders

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  1. 1.The Motion dated May 20, 2023 is allowed
  2. 2.The Record of Appeal already filed is admitted as Civil Appeal No E374 of 2023
  3. 3.Costs of the Motion are in the appeal

Authorities

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Legislation

  • The Court of Appeal Rules, 2023Rule 4
  • Appellate Jurisdiction ActSections 3A and 3B
  • Constitution of Kenya, 2010Article 159

Cases cited (3)

  • Leo Sila Mutiso v Rose Wangari Mwangi
    Civil Application No. NAI 255 Of 1997
  • Maina Johana Miano v Leah Wanyara Gichohi
    [2019] eKLR
  • Issa Masudi Mwabumba v Alice Kavenya Mutunga & 4 Others
    [2012] eKLR
On appeal from
Environment and Land Court
Jurisdiction invoked
Rule 4 of The Court of Appeal Rules, 2023

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, "Raghvani v Kirigia (Civil Appeal (Application) E374 of 2023) [2023] KECA 1203 (KLR)", Case Analysis (2023). Motion dated May 20, 2023 (Civil Appeal No E374 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/1203/eng@2023-10-06

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