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Court of AppealAllowedNyeri Civil Appeal No. 121 of 2018 (Motion for leave to file supplementary record of appeal)· [2025] KECA 1246 (KLR)

Ithenguri Mwireri Women Group & 2 others v Virginia Wanjiku Kamundia

Court of Appeal of Kenya
4 July 2025
SKS. Ole Kantai
364 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a party to add crucial forgotten documents to its appeal file, since the other side would suffer no real prejudice.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Nyeri, delivered by S. Ole Kantai, JA, on 4th July 2025, in a motion arising from Nyeri Civil Appeal No. 121 of 2018. The applicant sought leave to file and serve a supplementary record of appeal out of time, to include a Receipt No. 445093 dated 28th March 2012 and the plaintiff's list of documents in Nyeri CMCC No. 324 of 2003, documents said to have been inadvertently omitted from the record of appeal filed on 25th July 2018. The background was a judgment delivered on 9th February 2017 in Nyeri HCCA No. 105 of 2012 dismissing the appeal, which occasioned the present appeal. The applicant contended that the omitted documents were primary documents produced at the trial, that the appeal risked being struck out without them, and that the appeal could not be heard on merit absent them. The supporting affidavit was sworn by Loise Miriti, counsel on record, who did not explain why the applicant could not swear it herself. There were no submissions from either side and no replying affidavit from the respondent. The court allowed the motion, holding that no prejudice would befall the respondent from the admission of primary documents. The court ordered the supplementary record to be lodged within fourteen days and directed that costs of the motion be in the appeal. As an interlocutory procedural ruling, it sets no binding precedent beyond the principle that primary trial documents omitted from a record of appeal may be admitted where no prejudice results.

Key legal issues

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01

Leave to file supplementary record of appeal out of time

Holding

Leave granted where the omitted documents are primary trial documents and no prejudice to the respondent is shown.

Reasoning

The court noted the receipt and list of documents were produced at trial and were inadvertently omitted from the record of appeal. The applicant warned the appeal risked being struck out absent those primary documents. Since the respondent filed no replying affidavit or submissions, the court found no prejudice and allowed the motion, giving a 14-day window to lodge the supplementary record.

p. 2

Legal principles established

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  • A respondent is not prejudiced where primary documents omitted from a record of appeal are admitted into the record; leave to file a supplementary record of such documents should be granted.

Court orders

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  1. 1.Leave granted to file and serve a supplementary record of appeal out of time to include the Receipt No. 445093 dated 28th March, 2012 and the plaintiff's list of documents in Nyeri CMCC No. 324 of 2003
  2. 2.The supplementary record of appeal to be lodged within fourteen (14) days
  3. 3.Costs of the Motion to be in the appeal
On appeal from
High Court of Kenya
Nyeri HCCA No. 105 of 2012
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal / provisions cited in the Motion (not specified in judgment)

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, "Ithenguri Mwireri Women Group & 2 others v Virginia Wanjiku Kamundia", Case Analysis (2025). Nyeri Civil Appeal No. 121 of 2018 (Motion for leave to file supplementary record of appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1246/eng@2025-07-04

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