Kamajugo v Trademark East Africa Ltd (Civil Application E385 of 2025) [2026] KECA 118 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that time covered by a certificate of delay doesn't count toward the 60-day appeal deadline, so Kamajugo's late-filed appeal was allowed.
What this practically means
#Executive summary
#Key legal issues
#Whether the period covered by the certificate of delay is excluded in computing the time for instituting an appeal under rule 84(1)
Yes. Applying rule 84(1), the time certified by the registrar as required for preparation and delivery of the copy of proceedings is excluded; since the certificate of delay issued on 10th June 2025, the applicant was still within the 60-day window when the motion was filed on 30th June 2025.
The court set out rule 84(1), which excludes from computation such time as the registrar certifies as required for preparation and delivery of the copy to the appellant. On the facts, proceedings were ready 30th April 2025, collected 7th May 2025, and the certificate issued 10th June 2025. It followed mechanically that no delay existed, and the court declined to consider arguability, excusability or prejudice.
The scope of the discretion to extend time under rule 4 of the Court of Appeal Rules, 2022
The discretion under rule 4 is unfettered and is guided by relevant but not exhaustive factors including period and reason for delay, chances of success, prejudice, effect on public administration, importance of compliance with time limits, resources of parties and public importance.
The court quoted rule 4 and adopted Fakir Mohamed vs Joseph Mugambi, holding there is no limit to the number of relevant factors. However, having found no delay existed in the first place, the court found it unnecessary to venture into the other extension-of-time factors.
Legal principles established
#- Where a certificate of delay has been issued, the time certified as required for preparation and delivery of proceedings is excluded in computing the 60-day period for instituting an appeal, and a litigant within that extended period cannot be said to be out of time.
Court orders
#- 1.The memorandum of appeal and record of appeal already lodged be and are hereby deemed to be properly filed
- 2.The memorandum of appeal and record of appeal be served upon the respondent within seven days of this ruling
- 3.The appellants shall bear the costs
- On appeal from
- Employment and Labour Relations Court
- Jurisdiction invoked
- Rules 4, 75 and 82 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamajugo v Trademark East Africa Ltd (Civil Application E385 of 2025) [2026] KECA 118 (KLR)", Case Analysis (2026). Notice of Motion dated 30th June, 2025 (Court of Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/118/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.