William Mwangi Gathuma & 1 other v Ann Mumbi Hinga
The bottom line
#Kenya's Court of Appeal struck out an appeal record filed using a law firm's name without its consent, ruling a forged record is as good as no appeal at all.
What this practically means
#Executive summary
#Key legal issues
#Effect of a forged record of appeal filed in the name of an advocate who disowned it
The record is incompetent, having been filed by a stranger to the proceedings, and must be struck out; there is simply no appeal before the Court
The proprietor of the named firm wrote to the Deputy Registrar denying instructions and denouncing the filing as a forgery. The substitute advocate conceded his firm physically filed the record but could not produce evidence of the named firm's consent. The Court accepted the filing was forged; a forged record cannot sustain an appeal.
Filing of the record of appeal out of time without leave
The record of appeal filed on 26th June 2020 was far outside the 60-day period in Rule 84 and no leave to file out of time had been obtained, compounding its incompetence
Neither the respondent nor the advocate disputed the filing date. Rule 84 requires the record of appeal to be filed within 60 days; no extension was sought or granted. The proviso to Rule 84 (governing striking-out applications filed late) did not contemplate a forged record filed out of time.
Late application to strike out under the proviso to Rule 84
The applicants' delay in bringing the striking-out application within 30 days of service was excused; the Court granted leave to bring the application out of time
The proviso to Rule 84 requires a striking-out application within 30 days of service of the record. The applicants explained their delay in the notice of motion, which sought to bring the application out of time, and the Court proceeded to determine it on the merits.
Legal principles established
#- A record of appeal filed in the name of a law firm without its instructions, i.e. forged, is a nullity; a forged record of appeal is as good as no appeal and must be struck out
- A record of appeal filed beyond the 60 days allowed by Rule 84 without leave is incompetent and liable to be struck out
Court orders
#- 1.The record of appeal dated 26th June 2020 is struck out
- 2.Costs of the application to the applicants (styled 'respondent' in the judgment's costs order)
- On appeal from
- Environment and Land Court
- Jurisdiction invoked
- Court of Appeal Rules (Rules 4 and 84)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "William Mwangi Gathuma & 1 other v Ann Mumbi Hinga", Case Analysis (2025). Notice of motion dated 2nd February 2021 (in an appeal from the Environment and Land Court, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/256/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.