Multichoice Kenya Limited v Inspector General of Police & 8 others
The bottom line
#Kenya's Court of Appeal gave Multichoice Kenya 45 extra days to seek Supreme Court review, showing courts will excuse short, well-explained filing delays.
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 applicant has satisfied the principles for extension of time under Rule 4 to file an application for certification under Rule 41(2)
Key legal issues
#Extension of time under Rule 4 of the Court of Appeal Rules
A delay of about 45 days was not inordinate; the reasons (counsel's bereavement and an omnibus application directed to be separated) were plausible and sufficiently explained; no prejudice was demonstrated as respondents did not oppose.
The single judge applied the settled Rule 4 factors: length of delay, reason for delay, arguability and prejudice. The delay of about 45 days was held not inordinate; the bereavement of counsel's partner and the Deputy Registrar's direction to separate an omnibus application were plausible reasons; respondents, though served, did not oppose and showed no prejudice. Arguability was left for the full bench.
Legal principles established
#- The decision whether or not to extend time for appealing is discretionary, taking into account length of delay, reason for delay, chances of the appeal succeeding and prejudice to the respondent.
Court orders
#- 1.The applicant's motion dated 9th April 2025 is allowed as prayed
- 2.The applicant shall file the application for Certification within 30 days from the date of the ruling, failing which the orders shall stand vacated
- 3.The costs of the motion shall abide the outcome of the application for Certification
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Nairobi Civil Appeal No. E604 of 2023 as consolidated with Civil Appeal No. E676 of 2023
- Jurisdiction invoked
- Article 163(4) of the Constitution of Kenya 2010; Rules 4, 12, 41(2) and 44 of the Court of Appeal Rules (Single Judge jurisdiction)
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.
Accordingly, the applicant’s motion dated 9th April 2025, is merited and the same is hereby allowed as prayed.
The applicant shall proceed to file the application for Certification within a period of 30 days from the date of this ruling failure to which these orders shall stand vacated.
There has therefore been a delay of about 45 days which from the circumstances of this case I do not consider to be inordinate.
As to the arguability or otherwise of the intended appeal, I cannot make a determination of this issue sitting as a Single Judge and I will therefore not delve into the issue.
Issues in the judgment
#Judge name printed as 'F SICHALE' in coram but 'F. SICHALE' in signature block; recorded consistently as F Sichalet per coram spelling.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Multichoice Kenya Limited v Inspector General of Police & 8 others", Case Analysis (2025). Civil Application E230 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2262/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.