Odera & 2 others v CECM Finance, Homa Bay County & 2 others (Civil Application E054 of 2025) [2025] KECA 2058 (KLR)
The bottom line
#Kenya's Court of Appeal allowed late appeal filing, ruling that genuine settlement attempts and a review application excused the delay, though the applicants still pay costs.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicants' reasons for the delay in lodging the appeal in time are excusable
- 2.Whether the period of delay was inordinate
- 3.Whether the applicants have an arguable appeal and whether the respondents would suffer prejudice if leave is granted
- 4.Whether the Court should exercise its discretion under Rule 4 to extend time
Key legal issues
#Exercise of discretion to extend time for filing an appeal under Rule 4
The applicants' reasons for delay - failed settlement negotiations and a review application before the ELRC - were excusable, the delay was not inordinate, and the respondents would not be prejudiced; leave to appeal out of time was granted despite costs being awarded to the respondents.
The Court applied the settled Rule 4 factors from Fakir Mohammed v Joseph Mugambi. It found the applicants had relentlessly pursued justice, that negotiations and the review application explained the delay, and that upon the review failing they immediately filed the present application. The Court reasoned that a litigant should not be locked out of the seat of justice on these facts, and allowed the application with directed timelines for filing the notice of appeal and record of appeal.
Legal principles established
#- The discretion to extend time under Rule 4 is unfettered but guided by the length of and reasons for delay, chances of the appeal succeeding, prejudice to the respondent, effect on public administration, importance of compliance with time limits, resources of the parties and public importance of the issues.
Court orders
#- 1.The applicants are granted leave to lodge the appeal out of time
- 2.The notice of appeal shall be filed and served within seven (7) days of the date of the order
- 3.The record of appeal shall be filed within forty five (45) days of the date of the order
- 4.The respondents shall have the costs of the application in any event
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (discretion to extend time)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The reasons are excusable. The period of delay is not inordinate.
the applicants should not be locked out of the seat of justice in the circumstances of this application. They should be allowed to ventilate their appeal before this Court.
the application has merit and is allowed. The applicants are granted leave to lodge the appeal out of time.
Issues in the judgment
#The judgment records that the respondents shall have costs even though the application succeeded, an unusual costs outcome, but not internally contradictory.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Odera & 2 others v CECM Finance, Homa Bay County & 2 others (Civil Application E054 of 2025) [2025] KECA 2058 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2058/eng@2025-11-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.