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Court of AppealDismissedApplication dated April 23, 2025· [2025] KECA 1062 (KLR)

Kide & another v Sawe & 3 others (Civil Application E033 of 2025) [2025] KECA 1062 (KLR)

Court of Appeal of Kenya
12 June 2025
JMJ. Mativo
555 words in judgment
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The bottom line

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The Court of Appeal dismissed an extension-of-time application simply because the parties ignored directions to file written submissions — missing directions can now end your appeal.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Eldoret delivered by J. Mativo, JA on June 12, 2025, on an application dated April 23, 2025 brought under Rules 4, 5(2), 41 and 43 of the Court of Appeal Rules, 2022. The applicants sought extension of time to file and serve an appeal against the judgment in Kitale ELC No. E007 of 2024, alleging that the delay was caused by their previous advocate who did not act on their instructions, that the intended appeal raised triable issues with high chances of success, and that the respondents would suffer no prejudice. On June 9, 2025 the Deputy Registrar issued an amended hearing notice directing that the application be heard by way of written submissions, with no appearance of counsel in court or by video link, and the parties were reminded to comply with the directions. When the application came up on June 12, 2025, no party had complied with the directions despite due service by email. Relying on Rule 58(1), which permits dismissal where an applicant does not appear or comply with directions on the hearing date, the Court dismissed the application for non-compliance with the directions issued on June 9, 2025. The applicants' grounds, including the explanation for the delay and the merits of the intended appeal, were never reached. No costs order was made. The ruling contains no consideration of the underlying dispute and sets out no decision on the extension-of-time discretion itself.

Key legal issues

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01

Effect of failure to comply with directions for written submissions on an application

Holding

The application is dismissed for non-compliance under Rule 58(1).

Reasoning

The Deputy Registrar issued an amended hearing notice on June 9, 2025 directing that the application be heard by written submissions with no appearance. The notice was communicated to the parties' email addresses. On the hearing date no party had complied. Rule 58(1) provides that where the applicant does not appear or comply with directions the application may be dismissed unless the Court sees fit to adjourn. The Court was satisfied the parties were duly served and dismissed the application.

p. 2

Legal principles established

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  • Where, on the day fixed for hearing, the applicant does not appear or comply with directions, the Court may dismiss the application, and where parties were directed to file written submissions and failed to do so, the application may be dismissed for non-compliance.

Court orders

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  1. 1.The application dated April 23, 2025 dismissed in accordance with Rule 58(1) of the Court of Appeal Rules, 2022 for non-compliance with the Court's directions issued on June 9, 2025

Authorities

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Legislation

  • Court of Appeal Rules, 2022Rule 4
  • Court of Appeal Rules, 2022Rule 5(2)
  • Court of Appeal Rules, 2022Rule 41
  • Court of Appeal Rules, 2022Rule 43
  • Court of Appeal Rules, 2022Rule 58(1)
On appeal from
Environment and Land Court, Kitale
Kitale ELC No. E007 of 2024
Jurisdiction invoked
Rules 4, 5(2), 41 and 43 of the Court of Appeal Rules, 2022 (application) and Rule 58(1) (dismissal)

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, "Kide & another v Sawe & 3 others (Civil Application E033 of 2025) [2025] KECA 1062 (KLR)", Case Analysis (2025). Application dated April 23, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1062/eng@2025-06-12

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