Mahegere & 5 others v Marwa (Civil Application E150 of 2025) [2026] KECA 186 (KLR)
The bottom line
#Kenya's Court of Appeal gave late appellants more time to appeal because nobody told them the ruling date—uncontradicted excuses win.
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 extension of time to lodge a notice of appeal out of time against the ELC Ruling of 1st August, 2025
- 2.Whether the reason given for the delay - failure by the Court to inform the applicants of the date of delivery of the Ruling - is excusable
- 3.Whether the intended appeal is arguable and whether the respondent would suffer prejudice if the extension is granted
Key legal issues
#Exercise of discretion under Rule 4 to extend time for filing a notice of appeal
Where the delay is attributable to the applicants not being informed of the date of delivery of the ruling, and the respondent does not explicitly deny that assertion or present contrary evidence, the reason for delay is excusable and extension of time should be granted.
The court restated the settled Salat principles governing Rule 4 applications: reason for delay, length of delay, arguability of the intended appeal and prejudice to the respondent. Applying them, the court found the applicants' explanation - that they only learned of the adverse ruling when served with a notice of taxation on 29th October, 2025 - was uncontradicted, as the respondent did not explicitly deny it and adduced no contrary evidence showing the applicants were informed of the delivery date. On that basis the application had merit.
Legal principles established
#- The Court's discretion under Rule 4 of the Court of Appeal Rules, though unfettered, is guided by the reason for delay, the length of delay, the arguability of the intended appeal and prejudice to the respondent.
Court orders
#- 1.The application is allowed
- 2.The applicants are granted leave to lodge the notice of appeal out of time
- 3.The applicants shall file and serve the said notice of appeal within fourteen (14) days of the date of the order
- 4.There shall be no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court
- Migori ELC No. 380 of 2017
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time discretion)
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.
The applicants are hereby granted leave to lodge the notice of appeal out of time. They shall file and serve the said notice of appeal within fourteen (14) days of today’s date. There shall be no orders as to cost.
These principles include, the reason for delay, the length of delay, the arguability of the intended appeal and if the respondent will sufier any prejudice.
No contrary evidence has been presented by the respondent to discredit the averment made by the applicants that the Ruling that is the subject of this application was delivered in their absence.
Issues in the judgment
#The judgment does not state the names of the applicants or the appeal/case number of the present application before the Court of Appeal; the ruling is identified only by reference to the decision appealed from.
The judgment does not state whether the appeal is against the Ruling as a final decision or identify the decision's subject matter beyond the respondent's reference to proprietary rights.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mahegere & 5 others v Marwa (Civil Application E150 of 2025) [2026] KECA 186 (KLR)", Case Analysis (2026). Not stated in judgment (arising from Migori ELC No. 380 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/186/eng@2026-02-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.