Barclays Bank of Kenya Limited & another v Kenya Farmers Association Limited (Civil Application E047 of 2024) [2024] KECA 955 (KLR)
The bottom line
#The Court of Appeal confirmed that only a full bench, not a single judge, can grant permission to appeal, and time extensions must wait until that permission is secured.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether a single judge can entertain an omnibus application combining a prayer for leave to appeal (reserved for a full bench) and a prayer for extension of time (within a single judge's jurisdiction)
- 2.Whether the prayer for extension of time to file the record of appeal could be determined before leave to appeal was granted
Key legal issues
#Whether a single judge may determine an omnibus application containing a prayer for leave to appeal
No. Rule 53(2) expressly excludes applications for leave to appeal from the single-judge jurisdiction; such applications must go to a full bench.
The judge noted that the first prayer (leave to appeal) is exclusively for a full bench while the second (extension of time) would ordinarily befit a single judge. Faced with a combined application, the judge declined to sever and determine the extension prayer, holding it premature because no appeal existed until leave was granted. Rather than strike out the application on this technicality, and in deference to Article 159(2) on substantive justice, the whole application was referred to a full bench.
Whether extension of time could be granted in the absence of leave to appeal
No; the prayer was premature because the applicant had no automatic right of appeal and had to obtain leave first.
The judge held that since the appeal against the ELC ruling required leave, there was no appeal properly before the Court on which an extension of time to file the record could operate. The leave must be obtained first, and only then may extension of time be sought. The judge nonetheless refrained from striking out the application, choosing to preserve the applicant's access to justice by referring it to the full bench.
Legal principles established
#- An application for leave to appeal must be heard by a full bench of the Court of Appeal and does not fall within the jurisdiction of a single judge under Rule 53
- Where an applicant has no automatic right of appeal, extension of time to file the record cannot be granted before leave to appeal is obtained
- A party must move the court under the specific provision of law conferring the jurisdiction invoked; omnibus applications with ambiguous prayers are improper
Court orders
#- 1.The application be placed before a full bench of the Court of Appeal for determination of the prayer for leave to appeal the decision of the Environment and Land Court
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Single judge declined to determine the omnibus application, noting that leave to appeal must be heard by a full bench and that extension of time was premature in the absence of a granted appeal, and referred the application to a full bench.
In the result, I direct that the application be placed before a full bench of this Court for determination of the prayer for leave to appeal the decision of the superior court.p. 2
- On appeal from
- Environment and Land Court
- Not stated in the judgment
- Jurisdiction invoked
- Rules 41(1)(b)(ii), 44(2), 45(3) and 77(4) of the Court of Appeal Rules, with Rule 53 considered; leave to appeal under the applicable appellate regime
Relief refused
#Leave to appeal against the ruling of the Environment and Land Court (Mwangi, J.) delivered on 8th March 2023
An application for leave to appeal cannot be heard by a single judge; it is reserved for a full bench under Rule 53(2) of the Court of Appeal Rules
Extension of time to file the record of appeal within 14 days of the grant of leave
Premature, as there was no appeal before the Court until leave was first obtained
Costs
No order as to costs was made in the judgment.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the result, I direct that the application be placed before a full bench of this Court for determination of the prayer for leave to appeal the decision of the superior court.
Order one seeks leave to appeal against the ruling of the Environment and Land Court, which can only be heard by a full bench of this Court.
The reason being there is no appeal before the Court, as the applicant did not have an automatic right of appeal to this Court.
Instead of striking out the application on the technicality highlighted above, and in order to save the applicant time and grant him access to justice without delay or saddling him with technicalities contrary to the spirit prescribed under Article 159(2) of the Constitution, I will save it for consideration by a full bench.
Issues in the judgment
#The heading and case number of the application are omitted from the record; the judgment opens with blank numbered paragraphs and the parties are identified only in the body text
No costs order appears in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Barclays Bank of Kenya Limited & another v Kenya Farmers Association Limited (Civil Application E047 of 2024) [2024] KECA 955 (KLR)", Case Analysis (2024). Not stated in the judgment (application dated 1st May 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/955/eng@2024-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.