Kiboi v Kenya Power & Lighting Co Limited & another (Civil Application E246 of 2024) [2024] KECA 983 (KLR)
The bottom line
#Kenya's Court of Appeal granted a litigant more time to appeal after he missed a judgment because the court never told him it would be delivered.
What this practically means
#Executive summary
#Key legal issues
#Reason for delay where judgment is delivered in the absence of unnotified parties
Delivery of judgment without notice to the parties, discovered under a month later, is a reasonable explanation and does not amount to inordinate delay.
The applicant learned of the judgment on 9th October 2023 after delivery on 24th April 2023 without notice. He applied for proceedings and filed a Notice of Appeal on 6th November 2023, less than a month after learning of the judgment, and the motion followed shortly after the decree. The court accepted this as reasonable and found no inordinate delay.
Arguability of the intended appeal
The draft Memorandum of Appeal with five grounds was considered arguable.
The court examined the draft Memorandum of Appeal setting out five grounds and concluded that the grounds were arguable, satisfying the second limb of the Fakir Mohamed test. This, combined with absence of prejudice to respondents who did not respond despite service, justified granting the extension.
Legal principles established
#- A single Judge of the Court of Appeal exercises the Rule 4 discretion guided by the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent - this application applies that settled test rather than creating new precedent.
Court orders
#- 1.The Motion is allowed
- 2.A Notice of Appeal to be lodged within SEVEN (7) days of the date of the ruling
- 3.Costs of the Motion to be in the appeal
- On appeal from
- High Court of Kenya at Kajiado
- Jurisdiction invoked
- Rule 4, Court of Appeal Rules, 2010 (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiboi v Kenya Power & Lighting Co Limited & another (Civil Application E246 of 2024) [2024] KECA 983 (KLR)", Case Analysis (2024). Not stated in the judgment (Motion under rule 4, Court of Appeal Rules, 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/983/eng@2024-07-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.