Northern Water Works Development Agency (Formerly Known as Northern Water Service Board) v A A Bayusuf & Sons Limited (Civil Application E446 of 2025) [2025] KECA 1580 (KLR)
The bottom line
#Kenya's Court of Appeal refused to excuse a late filing, confirming that appeals against arbitration rulings face a very high bar and strict deadlines.
What this practically means
#Executive summary
#Key legal issues
#Sufficiency of the explanation for delay in filing the application for leave to appeal
The delay was not sufficiently explained: the e-filing downtime notice postdated the 30th June 2025 deadline, the applicant had filed a notice of appeal within time showing system access, and certified copies were unnecessary.
The court examined the applicant's three explanations - e-filing downtime, delay in obtaining certified copies, and internal bureaucratic approvals. The downtime notice was issued on 14th July 2025, after the deadline, and the timely filing of the notice of appeal on 25th June 2025 demonstrated system access. Rule 45(3) and (4) permit filing the decision copy later, so certified copies were not needed. The delay therefore remained unexplained.
Threshold for leave to appeal from a section 35 Arbitration Act decision
The applicant failed to show exceptional circumstances warranting leave; there was no demonstration that the High Court stepped outside section 35(2) and (3) of the Arbitration Act.
Applying the Supreme Court's decision in Nyutu Agrovet, leave to appeal from a High Court ruling on setting aside an arbitral award is granted only in exceptional circumstances - where the High Court travelled outside section 35 grounds or reached a determination so grave and manifestly wrong as to cause a miscarriage of justice. The applicant demonstrated neither, so the leave element of the application failed.
Legal principles established
#- The Court of Appeal's discretion under rule 4 to enlarge time is judicial, guided by the length of and reason for the delay, arguability of the intended appeal, prejudice, diligence and public interest.
- Leave to appeal from a High Court decision under section 35 of the Arbitration Act will only be granted in exceptional circumstances where the High Court stepped outside section 35 or its decision was so grave and manifestly wrong as to cause a miscarriage of justice.
- Certified copies of a ruling are not a prerequisite to filing an application for leave to appeal; only a copy of the decision is required, which may be filed up to twenty-four hours before the hearing.
Court orders
#- 1.The application for extension of time to file and serve the application for leave to appeal is dismissed
- On appeal from
- High Court
- HCCOMMARB Miscellaneous Applications Nos. E080, E098 and E1100 of 2024 (consolidated)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (discretion to enlarge time); this ruling determines only the extension-of-time prayer, the stay prayer requiring a full bench
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Northern Water Works Development Agency (Formerly Known as Northern Water Service Board) v A A Bayusuf & Sons Limited (Civil Application E446 of 2025) [2025] KECA 1580 (KLR)", Case Analysis (2025). Not stated in the judgment (Miscellaneous Application arising from HCCOMMARB Miscellaneous Applications Nos. E080, E098 and E1100 of 2024 consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1580/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.