Mburu & 5 others v Barclays Bank of Kenya Limited (Civil Application Sup 22 of 2019) [2024] KECA 366 (KLR)
The bottom line
#The Court of Appeal struck out an application to appeal to the Supreme Court because it was filed 48 days late instead of within the required 14 days.
What this practically means
#Executive summary
#Key legal issues
#Timeliness and competence of an application for certification and leave to appeal to the Supreme Court under rule 42(b)
An application filed 48 days after the impugned judgment, where the Rules prescribe fourteen days and no extension of time was granted, is incompetent and must be struck out.
Rule 42 permits an application for a certificate either informally at the time of the decision or by motion or chamber summons within fourteen days after that decision. The applicants filed on 18th November 2019, forty-eight days after the judgment of 20th September 2019, and no extension of time had been granted. The court held the application incompetent and declined to consider whether the intended appeal raised a point of general public importance, finding it superfluous to do so.
Legal principles established
#- An application for certification under rule 42(b) must be made within fourteen days after the decision against which appeal is desired; an application filed outside that period without an extension of time is incompetent and will be struck out without consideration of its merits.
Court orders
#- 1.The notice of motion dated 18th November 2019 is struck out with costs to the respondent
- On appeal from
- Court of Appeal of Kenya
- Civil Appeal No. 164 of 2018
- Jurisdiction invoked
- Rule 42 of the Court of Appeal Rules - certification that a point of law of general public importance is involved, as a precondition to appeal to the Supreme Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mburu & 5 others v Barclays Bank of Kenya Limited (Civil Application Sup 22 of 2019) [2024] KECA 366 (KLR)", Case Analysis (2024). Civil Application arising from Civil Appeal No. 164 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/366/eng@2024-04-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.