Kariuki v Kenya Power & Lighting Company Limited (Civil Application E117 of 2024) [2025] KECA 801 (KLR)
The bottom line
#The Court of Appeal refused to let a landowner appeal late against Kenya Power because he could not explain why he waited about three months past the deadline.
What this practically means
#Executive summary
#Key legal issues
#The principles governing the exercise of the Court's discretion under Rule 4 of the Court of Appeal Rules
The unfettered discretion must be exercised judicially, considering the length of and reason for the delay, arguability of the appeal, prejudice to the respondent, effect on public administration, compliance with time limits and public interest
The court restated the well-settled Fakir Mohamed factors and the Salat principles from the Supreme Court. Extension of time is equitable, not automatic, and the applicant bears the burden of laying a satisfactory basis. Where the only justification offered is the arguability of the intended appeal and no credible explanation for the delay is given, the discretion cannot be exercised in the applicant's favour.
Whether the applicant's approximately 90-day delay was excusable
The delay was not satisfactorily explained; the only justification was reliance on the Supreme Court decision in Nicholus v Attorney General regarding the limited powers of the Energy Tribunal, which does not explain the failure to lodge a Notice of Appeal within time
The Notice of Appeal was due by 31st July 2024 but was lodged on 14th October 2024, and the application followed on 23rd October 2024. The applicant attributed the delay to circumstances beyond his control, including the non-issuance of a certificate of delay, but the court found this insufficient, as nothing hindered the lodgement of the Notice of Appeal immediately after judgment.
Legal principles established
#- Extension of time is an equitable remedy, not a right; the applicant must satisfactorily explain the delay, which is a decisive factor in the Rule 4 discretion
Court orders
#- 1.The applicant's application dated 23rd October 2024 is dismissed
- 2.No orders as to costs
- On appeal from
- Environment and Land Court, Mombasa
- ELC Appeal No. 1 of 2024
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time to file appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Kenya Power & Lighting Company Limited (Civil Application E117 of 2024) [2025] KECA 801 (KLR)", Case Analysis (2025). Civil Application (Mombasa) - application dated 23rd October 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/801/eng@2025-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.