Wanjohi (Suing as a Personal Representative of Stanley Wanjohi Mathenge) v Wahome & 4 others (Civil Application E066 of 2025) [2025] KECA 1712 (KLR)
The bottom line
#Kenya's Court of Appeal let a daughter appeal late after her father's illness and death, accepting family hardship as a valid reason for missing court deadlines.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of approximately eleven months in seeking to appeal was excusable and whether extension of time should be granted
Extension of time granted; the reasons for delay (the deceased applicant's father's ill health, death, and the applicant's process of obtaining letters of administration ad litem) were plausible and the draft appeal was not frivolous
The court applied the Leo Sila Mutiso principles under Rule 4. It confined itself to the extension question and not the merits of the intended appeal. The draft grounds of appeal were not frivolous, the reasons for the delay were plausible, and the respondents had filed no replying affidavit, their submissions addressing the merits of the appeal instead. Prejudice to the respondents was not demonstrated.
Proper form of response to a Rule 4 extension application
Grounds of opposition are an alien document in opposing such an application; a replying affidavit should be filed, and the court will ignore improperly filed grounds of opposition
The court held that the respondents' grounds of opposition dated 9th July 2025 were an alien document under the rules of the Court and that the correct response was a replying affidavit. The court therefore elected to ignore the grounds of opposition, though it did not strike them out as sought by the applicant.
Legal principles established
#- Rule 4 of the Court of Appeal Rules confers an unfettered discretion on the Court to extend time, exercised judicially and not on whim, sympathy or caprice
- In deciding whether to grant an extension of time the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent
Court orders
#- 1.Extension of time granted for filing the notice of appeal and subsequent appeal documents
- 2.The notice of appeal shall issue forthwith, and not later than seven (7) days from the date of the ruling, triggering the other steps towards setting the appeal in motion
- 3.Costs of the application to abide by the outcome of the appeal
- On appeal from
- High Court of Kenya
- Not stated in the judgment
- Jurisdiction invoked
- Rules 4 of the Court of Appeal Rules; Articles 45 and 53 of the Constitution of Kenya 2010; section 79G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanjohi (Suing as a Personal Representative of Stanley Wanjohi Mathenge) v Wahome & 4 others (Civil Application E066 of 2025) [2025] KECA 1712 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1712/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.