County Government of Laikipia v Pn Gichoho Ngugi & 1 other
The bottom line
#The Court of Appeal allowed Laikipia County Government to revive a struck-out appeal, ruling the appeal clock restarts after a strike-out, not from the original judgment.
What this practically means
#Executive summary
#Key legal issues
#Principles governing extension of time under rule 4
The decision is discretionary and turns on the length of the delay, the reason for it, the chances of the appeal succeeding, and prejudice to the respondent.
The court restated the classic test from Leo Sila Mutiso v Rose Hellen Wangari Mwangi as the governing framework, then applied each factor: delay since the striking-out of the prior appeal was under two months and reasonable; the intended appeal attacked a substantial monetary award for services allegedly not rendered, so it had arguable prospects; and the respondent, already in judgment, would not be unduly prejudiced by further wait.
Computation of delay after a prior appeal is struck out
Delay is not measured from the underlying judgment but from the striking-out of the earlier appeal; the applicant acted timeously within about two months.
The 1st respondent contended there was over seven years' delay from the 2017 judgment. The court rejected that computation because the applicant had filed an appeal within time, that appeal was struck out on 23rd May 2025 for failure to serve the letter bespeaking proceedings, and the present application was dated 17th July 2025. Fresh proceedings after striking out start the process anew.
Chances of success and prejudice
The intended appeal, contesting a substantial award for survey fees allegedly never rendered, had chances of success, and the respondent would not be unduly prejudiced.
The applicant contended no survey work was rendered to the defunct County Council of Laikipia, the property was not identifiable, and the clerk acted ultra vires in appointing the surveyor. The court considered a Kshs.11,532,909.20 award 'colossal' and found arguable grounds, weighing the respondent's waiting period as insufficient to cause undue prejudice.
Legal principles established
#- Where an appeal has been struck out, the intending appellant is entitled in law to start the whole appeal process afresh, and time is computed from that striking-out rather than from the original judgment.
Court orders
#- 1.Leave granted and time extended for the applicant to lodge a Notice of Appeal within fourteen (14) days of the ruling
- 2.Record of appeal to be lodged within fourteen (14) days thereafter
- 3.Costs of the Motion to be in the appeal
- On appeal from
- High Court of Kenya
- Nanyuki HCCC No. 39 of 2007
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time and leave to institute appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Laikipia v Pn Gichoho Ngugi & 1 other", Case Analysis (2025). Civil Application (Nyeri) — Motion under rule 4 of the Court of Appeal Rules (arising from Nanyuki HCCC No. 39 of 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1686/eng@2025-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.