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Court of AppealAllowedApplication dated 24th October 2025· [2026] KECA 254 (KLR)

The Kenya Hospital Association T/A The Nairobi Hospital & 1 other v The Chief Executive Officer, Kenya Hospital Association T/A The Nairobi Hospital & 2 others

Court of Appeal
13 February 2026
MNMumbi Ngugi
814 words in judgment
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The bottom line

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Kenya's Court of Appeal excused a nine-hour late service of a notice of appeal, confirming courts will forgive honest mistakes where nobody suffers real prejudice.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi by Mumbi NGUGI, JA, delivered on 13th February 2026, on an application dated 24th October 2025 under rules 4 and 55(1) of the Court of Appeal Rules, 2022. The applicants, dissatisfied with a ruling of Sifuna J. dated 9th July 2025, filed a notice of appeal on 22nd July 2025 within time but served it on 30th July 2025, nine hours outside the seven-day service period prescribed by rule 79. They sought extension of time or, in the alternative, validation of the service done. The application was unopposed; the 1st respondent swore an affidavit and both respondents filed submissions, none in opposition. Applying the settled Salat factors - length of delay, reasons for delay, chances of success and prejudice - the court found hardly any delay, no demonstrated prejudice, and observed that the respondents had already filed submissions on the substantive appeal, implying acceptance that the appeal was properly on record. Relying on Samuel Mbugua Githere v Kimungu, the court held the nine-hour delay excusable as a bona fide mistake. The application was allowed, the service of the notice of appeal deemed valid and duly served, with no order as to costs. This is an interlocutory procedural ruling, not a determination of the appeal itself; the substantive appeal remains pending before the Court.

Key legal issues

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01

Extension of time for service of a notice of appeal served nine hours late

Holding

A nine-hour delay attributable to a bona fide mistake, with no prejudice to respondents and no opposition, justifies deeming the service valid

Reasoning

The notice was filed within time but served nine hours outside the seven-day period under rule 79. The court found hardly any delay, no demonstrated prejudice, and noted that respondents had already filed submissions on the appeal, implying acceptance that the appeal was properly on record. Relying on settled Salat factors and the Githere principle on bona fide mistakes, the court leaned in favour of hearing the appeal and deemed the service valid.

p. 2

Legal principles established

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  • Where a bona fide mistake causes delay and no uncompensatable damage is done to the other side, the Court should exercise its discretion so that no party is shut out from being heard on appeal
  • The settled factors for rule 4 extension of time are the length of delay, reasons for delay, chances of the appeal succeeding, and degree of prejudice to the respondents

Court orders

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  1. 1.The application dated 24th October 2025 is allowed
  2. 2.The notice of appeal served on the respondents on 30th July 2025 is deemed as valid and duly served
  3. 3.No order as to costs
On appeal from
Trial court (High Court)
Jurisdiction invoked
Rules 4 and 55(1) of the Court of Appeal Rules, 2022

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "The Kenya Hospital Association T/A The Nairobi Hospital & 1 other v The Chief Executive Officer, Kenya Hospital Association T/A The Nairobi Hospital & 2 others", Case Analysis (2026). Application dated 24th October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/254/eng@2026-02-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.