The Kenya National Higway Authority v Sbi International Holdings (kenya)
The bottom line
#Kenya's Court of Appeal gave an applicant six extra weeks to file its appeal, but refused to consider stopping the High Court's ruling from being enforced.
What this practically means
#Executive summary
#Key legal issues
#Whether the six-week delay in filing the notice of appeal should be excused under Rule 4
The delay was not inordinate and was sufficiently explained, so extension of time was merited and the notice of appeal was deemed filed within time.
The court applied the settled Fakir Mohammed criteria. The delay was about six weeks. The applicant explained that the ruling was delivered ex parte on a mention date without notice and while its application for stay of proceedings pending referral to arbitration was still pending. Those facts were uncontroverted, as the respondent filed no response or submissions. The court found the application not frivolous and allowed extension subject to service timelines, with default vacating the orders.
Whether a single judge may entertain a prayer for stay of execution
No - such applications must be heard by a full bench of three Judges, and only where a notice of appeal compliant with Rule 77 is on record.
The judge declined the stay prayer on jurisdictional grounds, noting the single-judge limitation and the prerequisite of a duly filed notice of appeal under Rule 77. Rather than strike out the omnibus application, the judge elected to determine only the extension-of-time prayer, which was within the single judge's competence under Rule 4.
Whether an uncontested application must automatically be granted
No - even where an application is unopposed, the court must still test it against the applicable legal threshold.
Although the respondent filed no response or submissions and the motion was not contested, the judge stated the need to consider the application against the applicable law. The uncontroverted factual claims were accepted, but relief flowed from satisfaction of the Rule 4 criteria, not from the mere absence of opposition.
Legal principles established
#- A single Judge of Appeal has no jurisdiction to hear an application for stay of execution, which must be heard by a full bench of three Judges, and such an application requires a notice of appeal on record filed in accordance with Rule 77 of the Court of Appeal Rules.
- In exercising discretion under Rule 4 to extend time, the court considers relevant but non-exhaustive factors: the period of delay, the reason for delay, the chances of the appeal succeeding, the degree of prejudice to the respondent, the effect of delay on public administration, the importance of compliance with time limits, the resources of the parties, and whether issues of public importance arise.
Court orders
#- 1.The notice of appeal dated 2nd May 2025 is deemed to have been filed within time
- 2.The notice of appeal be served on the respondent within 7 days from the date of the order
- 3.The record of appeal be served within 14 days of service of the notice of appeal
- 4.In default of compliance, the orders stand vacated
- 5.No order as to costs
- On appeal from
- High Court of Kenya
- Not stated
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Kenya National Higway Authority v Sbi International Holdings (kenya)", Case Analysis (2026). Not stated in the judgment (notice of motion dated 30th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/402/eng@2026-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.