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Court of AppealPartially AllowedCivil Application E170 of 2025· [2025] KECA 2245 (KLR)

Ngaruthi v Bonasa

Court of Appeal
19 December 2025
1,101 words in judgment
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The bottom line

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Kenya's Court of Appeal gave a land dispute appellant 21 days to file his appeal, accepting that a delayed court registry—not the appellant—caused the holdup.

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 on a notice of motion dated 17th November 2025 brought under rule 4 of the Court of Appeal Rules, seeking extension of time to file and serve the record of appeal. The intended appeal is from the judgment of the Environment and Land Court at Isiolo (Mboya, J.) delivered on 5th June 2025 in ELCA No. E012 of 2024. The applicant, who had lodged a notice of appeal on time and promptly requested typed proceedings, attributed the delay to the four months and seven days the court registry took to prepare, proof-read and sign the proceedings, evidenced by a certificate of delay. The respondent filed neither a response nor submissions. Counsel for the applicant relied on the established extension-of-time authorities, including Chemaringo, Fakir Mohammed, Mutiso and the Supreme Court's Salat decision. Ali-Aroni, JA framed the sole issue as whether to grant leave to appeal out of time, adopted the Salat principles and the court's recent Towett formulation, and held that the explanation for the delay was satisfactory, noting the application could have been filed earlier. The application was allowed: the appeal was to be filed and served within 21 days of the ruling, rather than the 30 days sought, and costs of the application were made to abide the outcome of the appeal. The ruling does not disturb the ELC judgment; it is procedural only.

Key legal issues

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01

Whether the applicant satisfied the Rule 4 criteria for extension of time to file and serve the record of appeal

Holding

Yes - the delay was satisfactorily explained by the certificate of delay; the notice of appeal was lodged on time and the application followed within a month of the certificate.

Reasoning

The court applied the Salat principles and its own Towett formulation: length of and reason for delay, prejudice, and undue delay. The applicant lodged the notice of appeal on time, applied promptly for typed proceedings, obtained a certificate of delay, and filed the application within a month of it. Although the application could have been filed earlier, the explanation was held satisfactory and discretion was exercised in the applicant's favour.

p. 3

Legal principles established

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  • Rule 4 confers a discretionary power on the Court of Appeal to extend time for doing any act required by the Rules, to be exercised judicially on good cause shown.
  • Extension of time is an equitable remedy available only to a deserving party, and the applicant bears the burden of satisfactorily explaining the delay.

Court orders

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  1. 1.The appeal be filed and served within the next 21 days of the ruling
  2. 2.Costs of the application to abide by the outcome of the appeal

Authorities

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Legislation

  • Court of Appeal RulesRule 4
  • Court of Appeal Rules, 2022Rule 4

Cases cited (6)

  • Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet
    [2018] eKLR

    A plausible and satisfactory explanation for delay is key to unlocking the Court's discretion.

  • Fakir Mohammed vs. Joseph Mugambi & 2 Others
    [2005] eKLR

    Factors for extension of time: length and reason for delay, arguable appeal, prejudice.

  • Leo Sila Mutiso vs. Rose Hellen Wangari Mwangi
    Civil Appeal No. Nai 255 of 1977

    Factors the court may consider in extension of time applications.

  • Salat vs. Independent Electoral and Boundaries Commission & 7 Others
    (Application 16 of 2014) [2014] KESC 12 (KLR) (Civ) (4 July 2014) (Ruling)

    Discretion to extend time is unfettered; seven underlying principles for exercising it.

  • Towett vs. Kibaru & Another
    (Civil Application E191 of 2025) [2025] KECA 1650 (KLR) (9 October 2025)

    Rule 4 power is discretionary, exercised judicially upon good cause; relevant factors.

  • Njeri Njoroge v Joseph Maina Gichuhi & another
    [2018] eKLR

    Cited within the Towett quotation on extension of time factors.

On appeal from
Environment and Land Court at Isiolo
ELCA No. E012 of 2024
Jurisdiction invoked
Rule 4 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, "Ngaruthi v Bonasa", Case Analysis (2025). Civil Application E170 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2245/eng@2025-12-19

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