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Court of AppealAllowedApplication dated 28th August 2022 (Civil Application, Eldoret)· [2025] KECA 740 (KLR)

Rono (Sued as the Legal Representative of the Estate of Sofia Tamarta Lagat alias Tamarta Lagat - Deceased) & another v Lagat; Kipkoech (Sued as the Legal Representative of the Estate of Hellen Jeptum Rono - Deceased) (Interested Party) (Civil Application E009 of 2024) [2025] KECA 740 (KLR)

Court of Appeal of Kenya
5 May 2025
JMJ. Mativo
799 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal extended appeal deadlines because the court registry failed to notify lawyers that a ruling had been delivered.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal, Eldoret, delivered by a single judge, J. Mativo JA, on an application dated 28th August 2022 seeking an extension of time to file a notice of appeal and record of appeal from directions issued when a leave application ruling was delivered on 27th May 2024. The applicants, through their advocate Kimaiyo Keroney Arap Sego, explained that the ruling had been scheduled for delivery on 22nd May 2024 but was delivered on 27th May 2024, and that no notice of delivery was served by the Deputy Registrar as required by Rule 34(2) of the Court of Appeal Rules, 2022. They contended that this omission caused their failure to file within the 14 days allowed by the directions of 27th May 2024. The respondent opposed, citing an inordinate delay of three months, lack of a cogent explanation, an unarguable draft appeal, prejudice arising from her forceful eviction from the suit property, and questioned the advocate's locus standi. The judge considered Rule 57 of the 2010 Rules (now Rule 59 of the 2022 Rules) on variation and rescission of orders, and found the applicants' explanation persuasive. Noting that the non-issuance of the delivery notice was uncontroverted, the judge held that the registry's failure caused the non-compliance. Allowing the application under Rule 59(1)(a), the court ordered the applicants to file and serve the notice of appeal and record of appeal within 14 days of the ruling. No costs order was recorded.

Key legal issues

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Extension of time where the registry failed to serve notice of delivery of the ruling

Holding

The application for extension of time was allowed because the delay in filing the notice of appeal and record of appeal was attributable to the non-issuance of the notice of delivery of the ruling by the Deputy Registrar, contrary to Rule 34(2) of the Court of Appeal Rules, 2022.

Reasoning

The court noted that the notice dated 20th May 2024 indicated the ruling would be delivered on 22nd May 2024, but it was in fact delivered on 27th May 2024. It found uncontroverted the applicants' assertion that no notice of delivery was issued by the Deputy Registrar, Court of Appeal, Eldoret. That failure caused the applicants' non-compliance with the 14-day directions, and Rule 59(1)(a) empowered the judge to grant the extension.

p. 3

Legal principles established

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  • Where the Deputy Registrar fails to issue a notice of delivery of a ruling in compliance with Rule 34(2) of the Court of Appeal Rules, 2022, such failure may excuse a party's non-compliance with directions issued in that ruling and justify an extension of time under Rule 59(1)(a).

Court orders

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  1. 1.Pursuant to Rule 59(1)(a) of the Court of Appeal Rules, 2022, the applicants are ordered to file and serve their notice of appeal and record of appeal within 14 days from the date of the ruling

Authorities

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Legislation

  • Appellate Jurisdiction ActSections 3(1), 3A, 3B(2) & (3)
  • Court of Appeal Rules, 2022Rule 34(2)
  • Court of Appeal Rules, 2022Rule 59(1)(a)
  • Court of Appeal Rules, 2010Rule 57
Jurisdiction invoked
Section 3(1), 3A, 3B(2) & (3) of the Appellate Jurisdiction Act; Rules 34(2) and 59(1) of the Court of Appeal Rules, 2022

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Rono (Sued as the Legal Representative of the Estate of Sofia Tamarta Lagat alias Tamarta Lagat - Deceased) & another v Lagat; Kipkoech (Sued as the Legal Representative of the Estate of Hellen Jeptum Rono - Deceased) (Interested Party) (Civil Application E009 of 2024) [2025] KECA 740 (KLR)", Case Analysis (2025). Application dated 28th August 2022 (Civil Application, Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/740/eng@2025-05-05

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.