Wanjiku v Kingi (Civil Application E070 of 2025) [2025] KECA 1675 (KLR)
The bottom line
#The Court of Appeal dismissed a leave-to-appeal application because the applicant failed to attach the High Court ruling that had refused her leave.
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 applicant complied with Rule 45(3) and Rule 45(4) of the Court of Appeal Rules, 2022 by annexing the High Court ruling refusing leave to appeal
- 2.Whether the application for leave to appeal can be entertained in the absence of the ruling refusing leave
Key legal issues
#Whether an application for leave to appeal, where leave has been refused by the superior court, may be entertained without annexing the ruling refusing leave.
No. Rule 45(3)(b) requires the ruling refusing leave to accompany the application, and Rule 45(4) provides the only mechanism for late filing, at least twenty-four hours before the hearing. Failure to produce the ruling is fatal to the application.
The court enumerated the difficulties it faces without the refusal ruling: it cannot verify whether leave was sought, on what grounds, what reasons the High Court gave, whether the refusal was procedural or substantive, or whether special circumstances warrant a different view. The applicant had fourteen days to obtain a certified copy and a further Rule 45(4) opportunity, neither of which was used, and no explanation or application to file the missing document was made.
Legal principles established
#- The requirement under Rule 45(3)(b) to annex the decision refusing leave is a substantive requirement that cannot be waived in the interests of justice.
Court orders
#- 1.The application for leave to appeal is dismissed with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya
- Not stated in the judgment
- Jurisdiction invoked
- Article 159(2)(d) of the Constitution of Kenya 2010; Section 3A of the Appellate Jurisdiction Act; Rule 41(b)(ii) of the Court of Appeal Rules, 2022
Relief refused
#Leave to appeal against the High Court ruling of 15th August 2024
The applicant failed to annex the High Court's ruling refusing leave as required by Rule 45(3)(b) and did not avail herself of Rule 45(4)
Costs
Dismissed with no orders as to costs.
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.
In my view, the requirement under Rule 45(3)(b) is not a procedural technicality that can be dispensed with in the interests of justice. It is a substantive requirement that ensures the proper administration of justice and enables this Court to properly discharge its function.
Rule 45(3) uses mandatory language: the application 'shall' be accompanied by the specified documents 'where practicable.'
In the end I find that this application is for dismissal and cannot be entertained by this Court. It is dismissed with no orders as to costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjiku v Kingi (Civil Application E070 of 2025) [2025] KECA 1675 (KLR)", Case Analysis (2025). Not stated in the judgment (application dated 10th July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1675/eng@2025-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.