Thomson Kerongo & 1 other v Ogembo Tea Factory & 7 others
The bottom line
#Kenya's Court of Appeal excused a two-day late appeal filing caused by a missing court file, extending time for the applicants to appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether a two-day delay in filing a notice of appeal, caused by the unavailability of the trial court file, is excusable and warrants extension of time
Yes. The delay of two days was excusable and not inordinate; the applicants, acting in person, were prevented from filing in time because the court file could not be traced, and the respondents would suffer no prejudice.
The Court applied the established Rule 4 factors set out in Fakir Mohamed v. Joseph Mugambi & others: reason for delay, length of delay, arguability of the intended appeal and prejudice to the respondent. It found the applicants' explanation — that the Registry declined to receive the notice of appeal because the court file could not be traced — credible and sufficient. A two-day delay was held not inordinate, the application was unopposed, and no prejudice to the respondents was identified. Judicial discretion was therefore exercised in the applicants' favour.
Legal principles established
#- In an application for extension of time under Rule 4, the court considers the reasons for the delay, the length of the delay, the arguability of the intended appeal and whether the respondent will suffer prejudice, exercising judicial discretion.
Court orders
#- 1.The application for extension of time is allowed
- 2.The applicants are granted extension of time to file the notice of appeal out of time
- 3.The notice of appeal shall be filed and served within fourteen (14) days of the date of the order
- 4.The record of appeal shall be filed and served within forty-five (45) days of the date of the order
- 5.There shall be no orders as to costs
- On appeal from
- High Court
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (inherent/appellate jurisdiction to extend time for filing a notice of appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Thomson Kerongo & 1 other v Ogembo Tea Factory & 7 others", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/210/eng@2026-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.