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Court of AppealDismissedCivil Application (extension of time) arising from High Court Misc. Civil Case No. E065 of 2021 (Nyeri)· [2025] KECA 1750 (KLR)

Phabious Muriithi Gitata v Macharia Gitata & 5 others

Court of Appeal of Kenya
24 October 2025
SKS. ole Kantai
402 words in judgment
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The bottom line

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Kenya's Court of Appeal dismissed a man's bid for more time to appeal because he never explained why he missed the deadline.

What this practically means

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Executive summary

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This was a single-judge application under rule 4 of the Court of Appeal Rules seeking an extension of time to lodge an appeal against a ruling of the High Court of Kenya at Nyeri (Maureen A. Odero J.) delivered on 4 July 2025, which dismissed the applicant's application in High Court Misc. Civil Case No. E065 of 2021. The applicant, Phabious Muriithi Gitata, appeared in person. He is aggrieved by the conduct of his siblings (the respondents) after the subordinate court appointed him guardian of his father, James Gitara Kaara, alleging they abducted their father and took him to a hiding place in Kirinyaga. The court, S. ole Kantai JA, restated the principles in Leo Sila Mutiso v Rose Hellen Wangari Mwangi governing the extension of time: the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the prejudice to the respondent. The court noted that the applicant gave no explanation at all for not appealing the High Court decision on time, leaving no material on which the discretion could be exercised. The respondents, though served with a hearing notice on 7 October 2025 at their advocates' email, did not respond. The court found the application to have no merit and dismissed it on 24 October 2025 at Nyeri. No separate costs order appears in the judgment.

Key legal issues

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01

Whether extension of time to appeal should be granted where no reason for the delay is offered

Holding

The discretion under rule 4 was not exercised because the applicant advanced no explanation for failing to appeal in time; the application was dismissed as without merit.

Reasoning

The court restated the established principles from Leo Sila Mutiso v Rose Hellen Wangari Mwangi, which require consideration of the length of and reason for delay, the appeal's prospects, and prejudice to the respondent. The applicant, appearing in person, only ventilated grievances against his siblings concerning the guardianship of his father and never explained why the High Court decision of 4 July 2025 was not appealed on time. Without that essential material, the discretion could not be exercised in his favour, and the application failed.

p. 2

Legal principles established

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  • 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

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  1. 1.The application for extension of time is dismissed
On appeal from
High Court of Kenya at Nyeri
Misc. Civil Case No. E065 of 2021
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

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, "Phabious Muriithi Gitata v Macharia Gitata & 5 others", Case Analysis (2025). Civil Application (extension of time) arising from High Court Misc. Civil Case No. E065 of 2021 (Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1750/eng@2025-10-24

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