Nyanduro & another v Omuomore (Civil Application E124 of 2025) [2026] KECA 163 (KLR)
The bottom line
#Kenya's Court of Appeal gave litigants more time to appeal after they missed a virtual judgment delivery they never knew about.
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 applicants should be granted an extension of time to lodge the notice of appeal and file the memorandum and record of appeal out of time
- 2.Whether the reasons given for the delay in lodging the notice of appeal in time were satisfactory
Key legal issues
#Extension of time to lodge a notice of appeal out of time
Where the applicants were unaware of the delivery of judgment and acted with expedition upon becoming aware of it, the court's discretion under Rule 4 ought to be exercised in their favour.
The applicants established that judgment was delivered virtually on 30th June 2025 without their knowledge; they only learnt of it on 28th July 2025 through the Court Tracking System and moved the court on 14th August 2025. The delay was thus explained and the application was unopposed, the respondent having filed no replying affidavit. The court found the reasons satisfactory and allowed the application with time-limits for filing the notice of appeal and record of appeal, and no orders as to costs.
Legal principles established
#- Rule 4 of the Court of Appeal Rules confers an unfettered discretion on the Court of Appeal to extend time for any step required by the Rules to be done out of time.
Court orders
#- 1.Application allowed
- 2.Applicants to file and serve the notice of appeal within fourteen (14) days of 30th January 2026
- 3.Applicants to file and serve the record of appeal within forty five (45) days of 30th January 2026
- 4.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Trial court (not identified in the judgment)
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
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.
Rule 4 of the Court of Appeal Rules grants this Court unfettered discretion to extend time for any steps circumscribed by the Rules to be done out of time.
The application has merit and is hereby allowed. The applicants shall file and serve the notice of appeal within fourteen (14) days of today’s date.
There shall be no orders as to costs.
Issues in the judgment
#The names of the parties are not stated in the judgment; only the 2nd applicant (Joshua Oginga Oruko) is named, and the respondent is unnamed.
The judgment is delivered by a single Judge of Appeal without indication of the coram or the case number of the application.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyanduro & another v Omuomore (Civil Application E124 of 2025) [2026] KECA 163 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/163/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.