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Court of AppealAllowedNot stated in the ruling· [2026] KECA 24 (KLR)
Margaret Auma Omollo (suing As The Administrator Ad Litem of The Estate of John Omolo Anditi - Deceased) v Sellah Akech Asembo (sued As The Administrator of The Estate of Lazaro Odera Jura - Deceased) & 6 others
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·~2 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal excused a 25-day late appeal filing in a land case, showing short delays with honest explanations can be forgiven.
What this practically means
#Executive summary
#This is a single-judge ruling of the Court of Appeal at Kisumu, delivered on 22nd January 2026 by L. Kimaru, JA, on an application under Rule 4 of the Court of Appeal Rules for extension of time to lodge a notice of appeal. The Superior Court's ruling under challenge was delivered on 11th June 2025; the applicant deponed that she only obtained sight of the written ruling on 1st July 2025 when it was uploaded to the Court Case Tracking System, and lodged her notice of appeal on 7th July 2025, a delay of about 25 days. The 1st respondent, Sellah Akech Asembo, opposed, accusing the applicant of indolence. Applying the settled four-factor test from Leo Sila Mutiso v Hellen Wangari Mwangi - length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent - the Court found the explanation excusable. Notably, it emphasised that because the underlying dispute involves land, an intended appellant should not be locked out of the constitutional right of appeal so that the issues may be resolved with finality. The Court held the 25-day delay was not inordinate and compensated the respondent with costs. The application was allowed: leave to lodge the notice of appeal out of time was granted, with fourteen days for filing and serving the notice and forty-five days thereafter for the record of appeal, and costs awarded to the 1st respondent.
Key legal issues
#01
Whether a 25-day delay in lodging a notice of appeal, attributed to lack of access to the written ruling, is excusable
Holding
Yes; the reason is excusable, the delay is not inordinate, and the respondent is compensated by costs
Reasoning
The Court applied the settled Leo Sila Mutiso factors: length of delay, reason for delay, chances of appeal success, and prejudice. It accepted the applicant's explanation that she only saw the ruling on the Case Tracking System on 1st July 2025. Noting the dispute concerns land, the Court held an intended appellant should not be locked out of the constitutional right of appeal; the 25-day delay was not inordinate and the respondent was compensated by an award of costs.
p. 2
Legal principles established
#- The Court's discretion under Rule 4 to extend time is unfettered but exercised judiciously, guided by the length of delay, reason for delay, chances of the appeal succeeding, and prejudice to the respondent; in land disputes, an intended appellant should not lightly be locked out of the constitutional right of appeal.
- In land disputes, an intended appellant should not be locked out of the constitutional right of appeal so that issues in dispute may be resolved with finality.
Court orders
#- 1.The applicant is granted leave to lodge the notice of appeal out of time
- 2.The notice of appeal shall be filed and served within fourteen (14) days of the date of the ruling
- 3.The record of appeal shall be filed and served within forty five (45) days of service of the notice of appeal
- 4.The 1st respondent shall have the costs of the application
- On appeal from
- Superior Court (High Court/Environment and Land Court not specified)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Margaret Auma Omollo (suing As The Administrator Ad Litem of The Estate of John Omolo Anditi - Deceased) v Sellah Akech Asembo (sued As The Administrator of The Estate of Lazaro Odera Jura - Deceased) & 6 others", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/24/eng@2026-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.