Ndungu v Ndege (Civil Application E063 of 2024) [2024] KECA 1719 (KLR)
The bottom line
#Kenya's Court of Appeal excused a three-day delay in filing an appeal notice where e-filing system downtime caused the delay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted leave to lodge and file a notice of appeal out of time against the judgment delivered on 12th April 2024
- 2.Whether the notice of appeal dated 26th April 2024 and filed on 29th April 2024 should be deemed as duly filed and served within time
- 3.Whether the explanation for the delay of 3 days was reasonable and whether any prejudice would be suffered by the respondent
Key legal issues
#Whether the 3-day delay in filing the notice of appeal was satisfactorily explained and excusable
The delay of 3 days was not inordinate; the applicant, acting in person, lodged the notice within time but could not complete filing due to e-filing system downtime and the intervening weekend, so the explanation was reasonable.
The court applied the Salat principles governing extension of time. It found the applicant diligent: the notice was lodged on 26th April 2024 within the period prescribed by rule 77, but payment and generation of the invoice were delayed by technical challenges in the e-filing system, and the Friday filing pushed completion to Monday 29th April. No response or submissions were filed by the respondent, so no prejudice was demonstrated. The court was satisfied the explanation was reasonable and the delay not inordinate.
Legal principles established
#- The Court may extend time limited by the Rules for the doing of any act, on such terms as it thinks just, whether before or after the doing of the act
- Applications for extension of time are governed by the Salat principles, including that extension of time is an equitable remedy available only to a deserving party, and that the applicant bears the burden of explaining the delay and showing absence of prejudice
Court orders
#- 1.The notice of motion dated 16th July 2024 be and is hereby allowed
- 2.The notice of appeal dated 26th April, 2024, lodged and filed on the 29th April, 2024, be deemed as duly filed and served within time
- 3.There will be no order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court, Kerugoya
- Kerugoya Environment and Land Court Appeal No. E013 of 2023
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
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.
The notice of motion dated 16th July 2024 be and is hereby allowed
That the notice of appeal dated 26th April, 2024, lodged and filed on the 29th April, 2024, be deemed as duly filed and served within time
Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the court.
I am satisfied that the explanation given for the delay in filing the notice was reasonable. I am satisfied that the applicant was diligent and that the delay was not inordinate.
Issues in the judgment
#The respondent is not named anywhere in the judgment, so the full case title and party details cannot be ascertained from the document
The judgment refers to submissions filed by the applicant but the text contains a typographical rendering of the cited Salat principles ('sufiered' for 'suffered'), and the opening numbered paragraphs 1 and 2 are blank in the copy
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndungu v Ndege (Civil Application E063 of 2024) [2024] KECA 1719 (KLR)", Case Analysis (2024). Notice of motion dated 16th July 2024 in Kerugoya Environment and Land Court Appeal No. E013 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1719/eng@2024-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.