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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment (application arising from Kitale ELC No. 6 of 2019)· [2025] KECA 2048 (KLR)

Cleophas Barasa Wanjala Opara v Isaac Macharia & 1 other

Court of Appeal of Kenya
27 November 2025
662 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Eldoret (Gachoka, JA) delivered on 27th November 2025 on a Notice of Motion dated 13th October 2025 seeking extension of time to file and serve a notice of appeal and record of appeal against the judgment of Nzili, J. in Kitale ELC No. 6 of 2019 delivered on 17th September 2025, together with a prayer that the annexed notice and memorandum of appeal be deemed duly filed. At the outset, the court held that its inherent jurisdiction derives solely from the Appellate Jurisdiction Act and the Rules thereunder, so the Civil Procedure Act provisions cited (sections 3A and 79G) had no application. Applying Rule 4 of the Court of Appeal Rules, 2022 and the criteria in Wasike v. Swala [1984] KLR 591 - merit in the appeal, absence of undue prejudice, and lack of inordinate delay, in descending order of importance - the court found the delay explained by a change of advocates and noted the application was filed timeously, 26 days after judgment. The court granted a staged extension: notice of appeal within 7 days, record of appeal within 60 days thereafter. It declined to deem the memorandum of appeal filed at that stage, observing it was unclear whether the applicant had obtained the proceedings. Costs of the application were ordered to abide the outcome of the appeal.

Key legal issues

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01

Extension of time to file a notice of appeal out of time

Holding

Extension granted; the delay was explained by change of advocates and the application was filed timeously (26 days from judgment).

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The applicant is allowed to file the notice of appeal within 7 days from the date of the order
  2. 2.The applicant is to file the record of appeal within 60 days thereafter
  3. 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

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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, "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.