Alfonce Mutua Makau v Javan Koros (suing As The Legal Representative and Administrator of The Estate of Wilson Kimtai Kipkoros Aka Willy Kimutai (deceased))
The bottom line
#Kenya's Court of Appeal gave an appellant extra time to appeal because waiting for his insurers to approve the appeal was a valid excuse for the six-week delay.
What this practically means
#Executive summary
#Key legal issues
#Test for extension of time under Rule 4
The discretion is unfettered but exercised judicially under the Fakir Mohammed principles: period and reason for delay, chances of appeal succeeding, prejudice to respondent, and other relevant factors.
The court applied the settled framework from Fakir Mohammed v Joseph Mugambi, noting no limit to relevant factors. It found the six-week delay not inordinate, the explanation grounded in awaiting insurers' instructions plausible, the deposit already made as condition for stay indicative of no prejudice, and the record of appeal ready, and therefore allowed the application.
Whether the explanation for delay was excusable
Waiting for insurers to deliberate and authorise the appeal was a plausible and reasonable explanation for a six-week delay.
The court accepted that internal insurance company mechanisms took time before the applicant received the go-ahead, and that once he did, he filed the application promptly. The delay was found not inordinate and the explanation countenanced, distinguishing awareness of timelines from capacity to instruct counsel.
Legal principles established
#- Under Rule 4 of the Court of Appeal Rules the judge has unfettered discretion to extend time, guided by established principles including length of and reason for delay, arguability, prejudice, and other relevant factors.
Court orders
#- 1.Extension of time granted: applicant given 14 days from the date of the order to file and serve the Notice of Appeal
- 2.Record of appeal to be served on the respondent within 14 days of service of the Notice of Appeal, failing which the orders automatically stand vacated
- 3.Costs of the application to be in the appeal
- On appeal from
- High Court of Kenya at Machakos
- Civil Appeal No. E147 of 2022
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time to file and serve notice of appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alfonce Mutua Makau v Javan Koros (suing As The Legal Representative and Administrator of The Estate of Wilson Kimtai Kipkoros Aka Willy Kimutai (deceased))", Case Analysis (2026). Civil Application (Rule 4) arising from Machakos High Court Civil Appeal No. E147 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/395/eng@2026-02-27
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