County Government of Kirinyaga & another v Kenya Medical Practitioners, Pharmacists & Dentists Union (Civil Appeal (Application) E002 of 2023) [2025] KECA 958 (KLR)
The bottom line
#Kenya's Court of Appeal gave Nyeri County Government more time to deposit court-ordered funds because delayed Treasury payments, not neglect, caused the missed deadline.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicants have laid a basis for extension of time to comply with the conditional stay order requiring deposit of Kshs.500,000/= within 30 days
- 2.Whether the delay in compliance was reasonable, explained and beyond the applicants' control
- 3.Whether the respondents would suffer prejudice if the extension is granted
- 4.Whether the stay orders granted on 20th September 2024 should be reinstated and time enlarged
Key legal issues
#Whether the applicants explained the delay in complying with the conditional stay order
The delay caused by non-disbursement of exchequer was a reasonable and satisfactory explanation beyond the applicants' control, entitling them to an extension of time.
The Court applied the Salat extension-of-time principles: extension of time is discretionary and equitable, requiring the applicant to lay a basis and show absence of fault. The applicants, dependent on National Treasury disbursements, showed that funds for September–November 2024 were released too late for the 30-day compliance window. The Court found the explanation plausible, reasonable and satisfactory, that the applicants moved without undue delay, and that the underlying finding of an arguable appeal stood unchanged.
Whether the applicants' discretion to extend time is fettered
The power to extend time is discretionary, not an absolute right, and is considered case by case on the Salat conditions.
Restating the Supreme Court's Salat conditions, the Court confirmed that extension of time is an equitable remedy available to a deserving party, that the burden lies on the applicant to lay a basis, that prejudice to the respondent must be considered, and that undue delay in making the application is a factor. These conditions were applied directly to an extension of time to comply with a Court order rather than to file an appeal.
Legal principles established
#- The principles applicable to an application for extension of time to file an appeal out of time are the same as those applicable to extension of time to comply with an order of the Court; the applicant must lay a basis and explain the delay to the satisfaction of the Court.
Court orders
#- 1.The application dated 4th November 2024 is granted as prayed in terms of prayer 2 and 3
- 2.The applicants will have 14 days within which to deposit the sum ordered by the Court in its ruling of 20th September 2024
- 3.The costs of the application shall abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- Jurisdiction invoked
- Rules 4, 5(2)(b), 43, 44, 49, 51, 55 and 56 of the Court of Appeal Rules (extension of time and reinstatement of stay)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The result is that the application dated 4th November 2024 is granted as prayed in terms of prayer 2 and 3. The applicants will have 14 days within which to deposit the sum ordered by this Court in its ruling of 20th September 2024.
The delay in disbursement of exchequer is plausible and is a reasonable and satisfactory explanation for the delay.
Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court;
Issues in the judgment
#The ruling granting conditional stay is inconsistently dated: the opening paragraph states it was delivered on 20th September 2023, while the application and final orders refer to a ruling of 20th September 2024.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kirinyaga & another v Kenya Medical Practitioners, Pharmacists & Dentists Union (Civil Appeal (Application) E002 of 2023) [2025] KECA 958 (KLR)", Case Analysis (2025). Civil Application dated 4th November 2024 (in the pending appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/958/eng@2025-05-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.