Kenneth Maina Makeri & 4 Others v John Edward Njeru & 5 Others
The bottom line
#Kenya's Court of Appeal struck out a notice of appeal that sat idle for three years because no record of appeal was ever filed, confirming delays end appeals.
What this practically means
#Executive summary
#Key legal issues
#Whether an inordinate failure to file a record of appeal after a notice of appeal justifies striking out (or deeming withdrawn) the notice of appeal under Rule 85
Yes. The notice of appeal was filed on 2nd December 2019, typed proceedings were supplied to the respondent on 10th February 2020, and no record of appeal had been filed some three years later; the court found the respondent had lost interest and struck out the notice of appeal with costs to the applicant.
The court considered the uncontroverted facts: the notice of appeal was lodged in December 2019 and the typed proceedings were supplied to the respondent in February 2020, yet approximately three years later no record of appeal had been filed and no response was made to the application. The respondent, though duly served, did not appear. The court concluded the respondent had abandoned the appeal and that Rule 85 furnished the appropriate remedy, warranting the striking out of the notice of appeal with costs.
Legal principles established
#- Where a litigant files a notice of appeal but fails to file the record of appeal within time and shows no interest in pursuing the appeal, the notice of appeal may be struck out (or deemed withdrawn) under Rule 85 of the Court of Appeal Rules on the application of the other party, even in the absence of the defaulting party who has been duly served.
Court orders
#- 1.The notice of appeal dated 2nd December 2019 is struck out
- Jurisdiction invoked
- Rules 77, 84 & 85 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenneth Maina Makeri & 4 Others v John Edward Njeru & 5 Others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/918/eng@2025-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.