Cleophas Barasa Wanjala Opara v Isaac Macharia & 1 other
The bottom line
#Kenya's Court of Appeal gave a late appellant a second chance, extending deadlines to file an appeal because the delay was explained and the application came quickly.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file a notice of appeal out of time
Extension granted; the delay was explained by change of advocates and the application was filed timeously (26 days from judgment).
The court applied the Wasike v. Swala criteria under Rule 4. It found the delay was explained by a change of advocates and was not inordinate given the application was filed 26 days after judgment. However, the court noted uncertainty about whether the applicant had obtained the proceedings, so it granted a staged extension: notice of appeal within 7 days, record of appeal within 60 days thereafter, with costs to abide the appeal.
Legal principles established
#- This Court's inherent jurisdiction derives solely from the Appellate Jurisdiction Act and the Rules thereunder; provisions cited outside that statute do not apply.
- An applicant under Rule 4 must show, in descending scale of importance: merit in the appeal, absence of undue prejudice to the respondent, and that the delay has not been inordinate.
Court orders
#- 1.The applicant is allowed to file the notice of appeal within 7 days from the date of the order
- 2.The applicant is to file the record of appeal within 60 days thereafter
- 3.The costs of the application shall abide the outcome of the appeal
- On appeal from
- Environment and Land Court
- Kitale ELC No. 6 of 2019
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022 (the court noting its inherent jurisdiction derives solely from the Appellate Jurisdiction Act and Rules thereunder)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cleophas Barasa Wanjala Opara v Isaac Macharia & 1 other", Case Analysis (2025). Not stated in the judgment (application arising from Kitale ELC No. 6 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2048/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.