Keibukwo Investments Limited & 1 other v Sayani Investment Limited & 3 others
The bottom line
#Kenya's Court of Appeal refused to kill an appeal where registry delays, not the appellant, caused the filing delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the notice of appeal should be deemed withdrawn for failure to file the record of appeal within 60 days under rule 84
No. The record was filed within 60 days of the certificate of delay showing 885 days of registry delay; the respondent took no default step
Rule 84 requires a record of appeal within 60 days of the notice of appeal, subject to the proviso for a certificate of delay. The certificate dated 24th July 2023 excluded 885 days taken to prepare the certified proceedings. An email suggesting readiness on 25th November 2022 was not copied to the respondent's counsel, a registry failure not attributable to the respondent. The respondent lodged Civil Appeal No. E772 of 2023 within 60 days of the certificate, so no step was missed and the notice of appeal cannot be deemed withdrawn.
Whether the stay and injunctive orders of 1st April 2022 should be lifted as overtaken by events
The Court did not determine this issue, but directed the orders to remain in force pending hearing of the appeal, noting the subject matter is registered in and possessed by the applicant
Since the first issue was resolved against the applicant, the Court found no need to delve into the second. Counsel had conceded that cancellation of the title occurred during the pendency of the application that produced the orders. Given the omnibus nature of the orders preserving the suit property, and that the property is registered in and possessed by the applicant, the Court left the orders intact pending Civil Appeal No. E772 of 2023.
Legal principles established
#- A notice of appeal cannot be deemed withdrawn under rule 84 where the appellant has filed the record of appeal within 60 days of a certificate of delay, and delay in typing proceedings is attributable to the court registry rather than the appellant
- A certificate of delay, if not formally challenged, is authoritative for computing the time for filing a record of appeal
Court orders
#- 1.The application dated 26th June 2023 is dismissed; the notice of appeal dated 12th February 2021 is not deemed withdrawn
- 2.The orders of 1st April 2022 shall remain in force pending hearing and determination of Civil Appeal No. E772 of 2023
- 3.No order as to costs
- On appeal from
- Environment and Land Court (Okong'o, J.)
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal under its Rules (rules 84 and 89 of the Court of Appeal Rules) in an interlocutory application within a pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keibukwo Investments Limited & 1 other v Sayani Investment Limited & 3 others", Case Analysis (2025). Civil Application (as filed 26th June 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/305/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.