Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedNotice of Motion dated 23rd May 2025 (Eldoret)· [2026] KECA 22 (KLR)

Ekodor Norman & 2 others v Naipa Supermarket Limited

Court of Appeal of Kenya
23 January 2026
881 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal allowed a late appeal because the ten-day delay was short, ruling you never need certified judgment copies to file a Notice of Appeal.

What this practically means

#

Executive summary

#
This is a single-judge ruling of the Court of Appeal at Eldoret (Gachoka, JA) on a Notice of Motion dated 23rd May 2025 under rule 4 of the Court of Appeal Rules, 2022, seeking leave to file an appeal out of time against the judgment of Nyakundi, J. in Lodwar HCCA No. E001 of 2022 delivered on 29th April 2025, and to deem the Notice of Appeal dated 13th May 2025 as properly on record. The applicants explained that they missed the rule 77 timelines because they could not obtain certified copies of the judgment and proceedings. The respondent opposed, contending that the judgment was uploaded to the CTS within 14 days, that no explanation was given for filing the Notice of Appeal six days late, that certified copies are unnecessary for a Notice of Appeal, and that the applicants were guilty of delay and bad faith. Applying the established factors - merit of the appeal, prejudice to the respondent, and the period and length of delay (citing Paul Wanjohi Mathenge v Duncan Gichane Mathenge) - the court rejected the certified-copies explanation as lackadaisical but found the ten-day delay short and the application filed with speed. In the interest of justice, the motion was allowed; the applicants were directed to file and serve their Notice of Appeal within seven days, with costs of the application abiding the outcome of the appeal.

Key legal issues

#
01

Extension of time to file Notice of Appeal under rule 4

Holding

The application was allowed despite the unmerited explanation, because it was filed promptly (ten days after the lapse of time) and in the interest of justice.

Reasoning

The court found the applicants' explanation - inability to obtain certified copies of the judgment and proceedings - to be a 'lackadaisical argument' since a Notice of Appeal does not require certified copies. Nevertheless, weighing the factors for extension of time (merit, prejudice, length of delay), the court held that a short ten-day delay, with a timeously filed application, favoured the exercise of discretion in the applicants' favour.

p. 2
02

Whether failure to obtain certified copies excuses late filing of a Notice of Appeal

Holding

No; certified copies of proceedings and judgment are not required to lodge a Notice of Appeal.

Reasoning

The applicants attributed their failure to file the Notice of Appeal within the rule 77 timelines to their inability to access certified copies of the judgment and proceedings. The court rejected this reasoning, adopting the respondent's position that no certified copies are needed for a Notice of Appeal, and described the argument as lackadaisical. This did not, however, defeat the application given the short delay.

p. 2

Legal principles established

#
  • In an extension-of-time application the court considers the merit of the appeal, prejudice to the respondent, and the period and length of delay
  • A party does not need certified copies of the proceedings and judgment to lodge a Notice of Appeal

Court orders

#
  1. 1.The Notice of Motion dated 23rd May 2025 is allowed
  2. 2.The applicants shall file and serve their Notice of Appeal within seven days from the date of the order
  3. 3.The Notice of Appeal dated 13th May 2025 deemed as properly on record (sought; the court allowed the motion granting extension of time)
  4. 4.Costs of the application to abide the outcome of the appeal
On appeal from
High Court of Kenya
Lodwar HCCA No. E001 of 2022
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ekodor Norman & 2 others v Naipa Supermarket Limited", Case Analysis (2026). Notice of Motion dated 23rd May 2025 (Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/22/eng@2026-01-23

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