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Court of AppealAllowedCivil Appeal (Application) E111 of 2025· [2025] KECA 2215 (KLR)

Langat & 3 others v Byomdo

Court of Appeal
16 December 2025
PGPM Gachoka
1,118 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 excused a one-month delay in filing an appeal record, showing courts will prioritise hearing cases over strict procedural deadlines.

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 Nakuru (Gachoka, JA) on a Notice of Motion dated 30th October 2025 seeking an extension of time to file and serve the record of appeal out of time. The applicants' suit in Nakuru ELC Case No. 114 of 2018 was dismissed by Odeny, J. on 22nd January 2025; they filed a notice of appeal on 29th January 2025 but did not file the record of appeal within the sixty-day window running from 31st July 2025, lodging the application roughly thirty days after that window lapsed. They attributed the delay to registry delays (evidenced by a certificate of delay issued 18th September 2025) and to time taken verifying the proceedings. The respondent opposed, arguing the applicants took 48 days to obtain the certificate of delay and 90 days to file the application after receiving certified proceedings, that no verification process exists in the Rules, and that no receipts supported their claims; he also noted their earlier stay application had been dismissed. Applying the Wasike v Swala principles under Rule 4, the court acknowledged that the verification process relied on was unknown in law and that the applicants should have acted diligently, but held that Rule 4 gives the Court wide latitude. Finding the delay only slightly over a month and adequately explained, the court excused it, directed the applicants to file and serve the record of appeal within 14 days, and ordered that costs of the application abide the outcome of the appeal. The application was allowed; the decision below was not disturbed, as this was an interlocutory extension ruling.

Key legal issues

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01

Whether the delay of slightly over a month in filing the record of appeal should be excused

Holding

The delay was excused; although the applicants' explanation rested on a mistaken belief that a verification process was required, the delay was not inordinate and discretion was exercised in their favour.

Reasoning

The applicants timeously filed their notice of appeal and explained the delay by reference to registry delays evidenced by a certificate of delay. Although their reliance on a verification process was a misapprehension of the rules, the delay was only slightly over a month, the draft record was ready, and Rule 4 gives the Court wide latitude. Procedural technicalities should not drive litigants from the seat of justice.

p. 3

Legal principles established

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  • Rule 4 confers a wide discretionary latitude on the Court in deciding whether to allow or disallow an application for extension of time.
  • An applicant for extension of time must show 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.Delay in filing the record of appeal excused and discretion exercised in favour of the applicants
  2. 2.Applicants directed to file and serve the record of appeal within 14 days from the date of the order
  3. 3.Costs of the application to abide the outcome of the appeal
On appeal from
Nakuru Environment and Land Court
ELC Case No. 114 of 2018
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and rules 4, 42 and 43 of the Court of Appeal Rules

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, "Langat & 3 others v Byomdo", Case Analysis (2025). Civil Appeal (Application) E111 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2215/eng@2025-12-16

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