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Court of AppealPartially AllowedCivil Appeal (Application) E185 of 2025· [2025] KECA 2185 (KLR)

Rinkanya (Sued as the Legal Representative of the Estate of Gladys Kathuni M'rinkanya) v Kungania (Suing as the Legal Representative of the Estate of M'kungani M'bagine)

Court of Appeal
8 December 2025
2,673 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal excused a 25-day late filing of a land appeal record, ruling short delays caused by counsel's mistakes should not deny litigants their day in court.

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 Nyeri (Ali-Aroni, JA) on a notice of motion dated 4th March 2025 by the applicant, the legal representative of the estate of Gladys Kathuni M'rinkanya, seeking an extension of time to file a supplementary record of appeal and an order deeming the record of appeal filed on 2nd October 2023 properly on record. The appeal challenges the judgment of the Environment and Land Court at Meru (Nzili, J.) delivered on 2nd November 2022 in ELC No. 22 of 2019. The respondent opposed, arguing the supplementary-record prayer belonged to the Deputy Registrar under rule 90, that the record of appeal was filed and served out of time, that the certificate of delay relied on related only to the amended judgment, and that the application was a tactical move to delay his pending strike-out application. The Court held that after the 15-day window in rule 90, leave for a supplementary record lies with the Deputy Registrar, rendering the prayer misplaced, but the respondent's lack of substantive objection amounted to consent, so leave was granted by consent. On the second prayer, the Court computed the 60-day period as expiring on 10th September 2023, making filing 25 days and service 12 days late; these delays were not inordinate, the mistake being counsel's, and in the interest of substantive justice the record was deemed duly filed and served. Costs were ordered to abide the outcome of the appeal. The respondent's strike-out application remains pending.

Key legal issues

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01

Whether leave to file a supplementary record of appeal out of time could be granted by the Court

Holding

The application was misplaced because rule 90 vests the power in the Deputy Registrar after 15 days, but the respondent's consent allowed the Court to grant the prayer.

Reasoning

Rule 90 permits a supplementary record within 15 days of lodging the record of appeal without leave, and thereafter only with leave of the Deputy Registrar on application. Since the 15 days had lapsed, the Court was not the proper forum. However, the respondent, though objecting, stated no objection to the filing itself, which the Court took as consent, allowing the prayer by consent without remitting the file.

p. 4
02

Whether the record of appeal filed and served late should be deemed duly filed and served

Holding

Yes; the delays of 25 days in filing and 12 days in service were not inordinate, and the mistake was attributable to counsel.

Reasoning

The Court computed the 60-day period from the date the proceedings were made available, expiring 10th September 2023, making the filing 25 days late and service 12 days late. Counsel had relied on the wrong certificate of delay and miscomputed time. Given the short duration, counsel's mistake, and the dictates of substantive justice under Article 159, the delays were excusable and the record was deemed duly filed and served.

p. 5

Legal principles established

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  • Extension of time is governed by Rule 4 and assessed on the length of and reason for delay, prejudice, conduct of parties, and whether the intended appeal is arguable.
  • A party cannot seek extension of time where no time limit has actually expired or been fixed by the Rules or an order of the Court.
  • After the 15-day window in rule 90 lapses, leave to file a supplementary record of appeal lies with the Deputy Registrar, not the Court.

Court orders

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  1. 1.Leave granted by consent for the applicant to file a supplementary record of appeal
  2. 2.Time enlarged and the record of appeal filed and served deemed to have been duly filed and served
  3. 3.Costs of the application to abide by the outcome of the appeal
On appeal from
Environment and Land Court at Meru
ELC No. 22 of 2019
Jurisdiction invoked
Rules 43, 44, 49, 94(3)(4) of the Court of Appeal Rules 2022 and Article 159 of the Constitution

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, "Rinkanya (Sued as the Legal Representative of the Estate of Gladys Kathuni M'rinkanya) v Kungania (Suing as the Legal Representative of the Estate of M'kungani M'bagine)", Case Analysis (2025). Civil Appeal (Application) E185 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2185/eng@2025-12-08

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