Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedApplication dated 15th July 2024 (rule 4, Court of Appeal Rules)

Gakumo & another v Kamau (Being Sued as the Legal Representative of the Estate of Kariuki Kamau - Deceased) (Civil Appeal (Application) E062 of 2024) [2024] KECA 1362 (KLR)

Court of Appeal of Kenya
3 October 2024
1,269 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal granted extra time to file an appeal, accepting that e-filing system failures explained a three-month delay.

What this practically means

#

Executive summary

#
This is a ruling by the Court of Appeal at Nyeri (Lesiit, JA, sitting singly) on a motion dated 15th July 2024 brought under rule 4 of the Court of Appeal Rules by Francisca Njeri Gakumo and Veronica Wanjiku Kungu, seeking an extension of time and leave to appeal out of time against the judgment delivered on 11th April 2024 in Murang'a Environment and Land Court Case No. E025 of 2021 (O.S), consolidated with Murang'a Chief Magistrate Case No. E053 of 2021. The delay was approximately three months. The applicants explained that judgment was delivered without notice and in their absence, that the email notification went to their counsel's spam folder, and that the judgment could not be downloaded from the e-filing system during the judiciary's troubled transition to paperless operations. The respondent opposed, producing notification emails and contending the delay was inordinate, unexplained, and that no arguable appeal had been demonstrated. The court, applying the factors in Imperial Bank Ltd v Alnasir Popat - length of and reasons for delay, prejudice, conduct of the parties, and the balance of interests against the right of appeal - took judicial notice of the e-filing difficulties of the period, found the explanation reasonable and acceptable, found no misconduct by the applicants or their counsel (noting the respondent's counsel also missed the judgment delivery), and held the applicants would suffer greater prejudice if refused while the respondent showed none. The application was allowed: time extended, leave to appeal out of time granted, notice and record of appeal to be filed within 21 days and served within 7 days, with costs of the application borne by the respondents.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants have given a reasonable explanation for the three-month delay in filing the appeal
  2. 2.Whether any prejudice would be suffered by the parties if the extension of time is granted or refused
  3. 3.Whether the conduct of the parties and the balance of interests favour the exercise of discretion in favour of the applicants

Key legal issues

#
01

Reasonableness of the explanation for the delay

Holding

The three-month delay was reasonably explained by the breakdown of the e-filing system during the transition to paperless operations; counsel's email notification went to spam undetected

Reasoning

The court took judicial notice of the widespread difficulties litigants faced with the judiciary's e-filing system during the changeover to paperless operations, including slow responses due to a sudden increase in the volume of filing and downloading. Against that institutional backdrop, counsel's explanation that the notification email went to spam and the judgment could not be downloaded was accepted as a reasonable and acceptable explanation for the three-month delay.

p. 3
02

Prejudice and balance of interests

Holding

The applicants stand to suffer the greater prejudice if the application is declined, while the respondent showed no prejudice if it is granted

Reasoning

The court weighed the applicants' constitutionally underpinned right of appeal against the respondent's interest in the judgment in her favour. Nothing unbecoming was found in the applicants' conduct or that of their counsel, noting that the respondent's counsel also missed the delivery of the judgment. The respondent identified no prejudice that would flow from granting the extension, whereas refusal would deprive the applicants of their right to appeal.

p. 3

Legal principles established

#
  • In an application for extension of time the key mandatory factors are the length of the delay, the reasons for the delay, possible prejudice to each party, the conduct of the parties, and the balance between a party with a decision in its favour and a party with a constitutionally underpinned right of appeal
  • The single judge does not definitively determine the merits of the intended appeal; that is for the full court

Court orders

#
  1. 1.The application dated 15th July 2024 is allowed
  2. 2.Extension of time for filing the appeal against the judgment dated 11th April 2024 in Murang'a Environment and Land Court Case No. E025 of 2021 (O.S), as consolidated with Murang'a Chief Magistrate Case No. E053 of 2021
  3. 3.Leave granted to the applicants to file the appeal out of time
  4. 4.The applicants to file the notice of appeal and the record of appeal within 21 days of the date of the ruling and serve the same within 7 days from the date of filing
  5. 5.Costs of the application to be borne by the respondents

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Environment and Land Court, Murang'a
Murang'a Environment and Land Court Case No. E025 of 2021 (O.S), consolidated with Murang'a Chief Magistrate Case No. E053 of 2021
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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.

I am satisfied that the applicants are deserving of the exercise of discretion in their favour. Accordingly I order as follows
p. 3Disposition
An order be and is hereby issued extending time for filing the appeal against the judgment dated 11th April 2024, in Murang'a Environment and Land Court Case No. E025 of 2021 (O.S), as Consolidated with Murang'a Chief Magistrate Case No. E053 of 2021.
p. 3Final orders - extension of time
The applicants do file the notice of appeal and the record of appeal within 21 days of the date hereof and serve the same within 7 days from the date of filing.
p. 3Final orders - timelines
Challenges in the Court e- filing system, especially at the time of changeover to paperless brought with it great challenges
p. 3Judicial notice of e-filing system difficulties

Issues in the judgment

#
minor

The parties list names the respondent with the same name as the second applicant (Veronica Wanjiku Kungu alias Wanjiku Gakumo), which may be a drafting error in the ruling itself; the respondent's name is not separately stated

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Gakumo & another v Kamau (Being Sued as the Legal Representative of the Estate of Kariuki Kamau - Deceased) (Civil Appeal (Application) E062 of 2024) [2024] KECA 1362 (KLR)", Case Analysis (2024). Application dated 15th July 2024 (rule 4, Court of Appeal Rules). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1362/eng@2024-10-03

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