Onyango & 3 others (All Suing as the Legal Representatives of the Estate of Jared Abuoro Auma alias Abuoro Auma - Deceased) v Aboge & another (Civil Application E120 of 2021) [2025] KECA 1055 (KLR)
The bottom line
#Kenya's Court of Appeal gave late appellants more time to appeal because the trial court never told them the judgment had been delivered.
What this practically means
#Executive summary
#Key legal issues
#The principles governing extension of time under Rule 4 of the Court of Appeal Rules
The court applied the established Leo Sila Mutiso principles: length of delay, reasons for delay, arguability of the appeal, and prejudice to the respondent. The delay of about four months was explained by the court's failure to notify the parties of the delivery date of the judgment, the appeal was not frivolous, and there was no evidence of prejudice given the unopposed application.
The impugned judgment was delivered without notice to the parties, having been reserved for 15th April 2021 but delivered on 30th April 2021. Counsel only discovered the judgment on the judiciary website portal. The court found this explanation satisfactory, found the draft memorandum of appeal not frivolous, and, in the absence of any response from the respondents, could not gauge any prejudice.
Legal principles established
#- The decision whether to extend time for appealing is discretionary, and the court considers the length of the delay, the reasons for the delay, the chances of the appeal succeeding, and the prejudice to the respondent.
Court orders
#- 1.The application dated 12th August 2021 is allowed
- 2.The applicants' Notice of Appeal filed on 5th August 2021 is deemed as properly filed and served on the respondents
- 3.The applicants shall have forty-five (45) days from the date of the ruling to file and serve their record of appeal
- 4.Costs of the application to be in the appeal
- On appeal from
- Environment and Land Court, Kisumu
- ELC Appeal No. 25 of 2019
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (discretion to extend time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyango & 3 others (All Suing as the Legal Representatives of the Estate of Jared Abuoro Auma alias Abuoro Auma - Deceased) v Aboge & another (Civil Application E120 of 2021) [2025] KECA 1055 (KLR)", Case Analysis (2025). Not stated in the judgment (application dated 12th August 2021, arising from Kisumu ELC Appeal No. 25 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1055/eng@2025-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.