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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment· [2025] KECA 2070 (KLR)

Simon Wambua Mukula & 10 others v Ministry of Lands, Housing and Urban Development & 3 others

Court of Appeal of Kenya
3 December 2025
684 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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The Court of Appeal excused a Covid-19-related delay in serving appeal documents, confirming that pandemic-era court disruptions won't defeat your appeal.

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 Nairobi delivered on 3rd December 2025 by W. Karanja, JA, on an application under Rule 4 of the Court of Appeal Rules for leave to serve the notice of appeal and record of appeal out of time. The notice of appeal was filed on time on 8th June 2021, but Covid-19 protocols suspending physical filing and service delayed transmission of the signed copy, which was received on 30th June 2021 and served the following day, under protest for late service. The 2nd respondent, through Prof. Albert Muma (SC), opposed the application, contending that the underlying suit before the ELC was dismissed for extreme want of prosecution and that his client would be prejudiced. Applying the principles in Fakir Mohammed v Joseph Mugambi & 2 others, the court found the notice was lodged in time, that the slight delay in service was attributable to the court's side during the pandemic, and that the respondents had timely notice of the intended appeal because the letter bespeaking proceedings was served within time. The delay was held not inordinate and the reasons plausible. The application was allowed: the notice of appeal and record of appeal, if served, were deemed served within time, and each party was ordered to bear its own costs of the application. The applicant's intended appeal can therefore proceed to full hearing.

Key legal issues

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01

Whether the delay in serving the notice of appeal and record of appeal should be excused under Rule 4

Holding

Yes. The notice of appeal was filed on time; the slight delay in service was attributable to the court's Covid-19 protocols, was not inordinate, and the respondents knew of the intended appeal because the letter bespeaking proceedings was served within time.

Reasoning

Applying the Fakir Mohammed factors, the court found the notice of appeal was lodged on time by email, that the delay in obtaining the signed copy for service arose on the court's side amid Covid-19 protocols suspending physical filing and service, and that the respondents were aware an appeal was intended since the letter requesting certified proceedings was served within time. The delay was slight, the reasons plausible, and no prejudice outweighed the applicant's right of appeal.

p. 2

Legal principles established

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  • The discretion under Rule 4 of the Court of Appeal Rules is unfettered, and the court considers all relevant factors including the period and reason for delay, the chances of the appeal succeeding, and prejudice to the respondent.
  • Delay attributable to the court or to exceptional circumstances such as the Covid-19 pandemic, where the intended appeal was known to the respondents, may be neither inordinate nor prejudicial.

Court orders

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  1. 1.The application is allowed and the orders as prayed are granted
  2. 2.The notice of appeal, already served on the respondents, is deemed as having been served within time
  3. 3.The record of appeal, if already served, is deemed to have been served on time
  4. 4.Each party will bear its own costs of the application
On appeal from
Environment and Land Court (ELC)
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time to serve notice of appeal and record of appeal)

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, "Simon Wambua Mukula & 10 others v Ministry of Lands, Housing and Urban Development & 3 others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2070/eng@2025-12-03

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