Redwood Properties Limited v Kenya Anti-Corruption Commission & 3 others (Civil Application E231 of 2024) [2025] KECA 303 (KLR)
The bottom line
#Kenya's Court of Appeal allowed Redwood Properties more time to appeal, ruling that an eight-month delay was excusable where the reason was plausible and the appeal had merit.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 8 months in filing the application and Record of Appeal was excusable
The delay was not inordinate in the circumstances; the reason given (misplacement of the file during a restructuring of the advocates' office) was plausible.
The court noted the Notice of Appeal was filed on time, so the appeal was not an afterthought. Whether delay is inordinate depends on the nature of the case; courts have countenanced delays of up to two years. Given the subject matter (loss of property) and the restructuring explanation, the reason was plausible and the applicant should not be shut out of the right to appeal.
Whether the intended appeal was frivolous and whether the respondents would be prejudiced
The intended appeal raised a non-frivolous question of the evidentiary burden under sections 107-109 of the Evidence Act, and no prejudice would be occasioned to the respondents.
The court found the issue of interpretation of the evidentiary burden provisions was important not just to the parties but to other similar matters. The applicant had lost its property and should not be dislodged from the seat of justice without an opportunity to be heard on appeal; the respondents would suffer no prejudice if the appeal was heard.
Legal principles established
#- In a rule 4 extension-of-time application the single Judge exercises a discretion which, though unfettered, must be exercised judicially on the settled factors: length of delay, reason for delay, chances of appeal succeeding, and prejudice to the respondent.
Court orders
#- 1.Extension of time granted to file and serve the Memorandum and Record of Appeal
- 2.Record of Appeal to be filed and served on the parties within 14 days from the date of the ruling, failing which the leave granted shall stand vacated
- 3.Each party to bear its own costs
- On appeal from
- High Court
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Redwood Properties Limited v Kenya Anti-Corruption Commission & 3 others (Civil Application E231 of 2024) [2025] KECA 303 (KLR)", Case Analysis (2025). Civil Application (extension of time) dated 5th April 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/303/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.