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Court of AppealAllowedCivil Application (Rule 4 motion dated 12th June 2024)· [2025] KECA 142 (KLR)
Registered Trustees/Minister in Charge of Trinity House International Ministry v Amani Residents’ Welfare Association/Mirema (Suing on Behalf of the Residents of Mirema Estate Nairobi) & 2 others (Civil Application E299 of 2024) [2025] KECA 142 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal let a church appeal two months late, confirming you can file a notice of appeal without waiting for the judgment copy.
What this practically means
#Executive summary
#This is a single-judge ruling of the Court of Appeal at Nairobi (Muchelule, JA) on an unopposed application under Rule 4 of the Court of Appeal Rules, 2022 for extension of time. The applicant, Registered Trustees/Minister in Charge Trinity House International Ministry, was aggrieved by a judgment of Omange, J of the Environment and Land Court delivered on 11th April 2024, which allowed a petition by Amani Residents Welfare Association/Mirema, declared a violation of residents' rights to peacefully enjoy their properties and to a clean and healthy environment, and awarded general damages of Kshs.5,000,000, with the applicant and another bearing 10% of the liability. The applicant failed to lodge a notice of appeal within the 14 days prescribed by Rule 77(2) and made the present motion about two months after judgment. The applicant attributed the delay to the late availing of a copy of the judgment. The judge observed that a party does not need a copy of the judgment to file a notice of appeal, only knowledge that the judgment went against it, but accepted the explanation as satisfactory given the application was unopposed and the delay was short. Balancing the constitutional right of appeal against the constitutional imperative of expedition, the judge allowed the application and directed filing of the notice of appeal within 7 days and the memorandum and record of appeal within 45 days thereafter. The Muringa Company Ltd decision was applied. No costs order was recorded.
Key legal issues
#01
Whether the explanation for the delay of nearly two months in filing the notice of appeal was satisfactory
Holding
Yes - the delay was short and the explanation (delay in availing the copy of the judgment) was accepted, the application being unopposed.
Reasoning
The court noted a party need not have the judgment copy to file a notice of appeal, but acknowledged a losing party weighs options better with a copy. As the application was unopposed, the judge accepted the explanation as satisfactory and found the delay was for a short time, balancing the constitutional right of appeal against constitutional timelines for expeditious disposal.
p. 2
Legal principles established
#- A party intending to appeal does not need a copy of the judgment to file a notice of appeal; knowledge that the judgment went against him suffices.
Court orders
#- 1.Extension of time granted to lodge the appeal out of time
- 2.The applicant to file and serve the notice of appeal within 7 days from 7th February 2025
- 3.The applicant to thereafter file and serve the memorandum and record of appeal within 45 days
- On appeal from
- Environment and Land Court, Nairobi
- null
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022 (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees/Minister in Charge of Trinity House International Ministry v Amani Residents’ Welfare Association/Mirema (Suing on Behalf of the Residents of Mirema Estate Nairobi) & 2 others (Civil Application E299 of 2024) [2025] KECA 142 (KLR)", Case Analysis (2025). Civil Application (Rule 4 motion dated 12th June 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/142/eng@2025-02-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.