Jared Juma Ongeta v Godana Guyo Abudo
The bottom line
#Kenya's Court of Appeal gave a litigant 48 days late in filing an appeal more time, because changing lawyers was a reasonable explanation.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of approximately 48 days in filing the notice of appeal was inordinate and satisfactorily explained
The delay of 48 days was not inordinate given the explanation based on the change of advocates and the time taken to obtain the file from the former advocates.
The court acknowledged that a notice of appeal can be lodged without the physical file, but held that the practical realities of transition between advocates, including familiarisation with the matter, could not be ignored. Weighing the explanation, the absence of demonstrable prejudice to the respondent, and the totality of circumstances, the delay of 48 days was not characterised as inordinate and discretion under Rule 4 was exercised in the applicant's favour.
Whether failure to annex a draft memorandum of appeal defeats an extension of time application
Failure to annex a draft memorandum of appeal is not necessarily fatal to the application.
The respondent argued the intended appeal was not demonstrably arguable absent a draft memorandum. The court held that annexing a draft memorandum is good practice but not an absolute requirement, and that a single judge under Rule 4 must not determine the merits of the intended appeal with finality, so nothing definitive could be said on prospects at that stage.
Legal principles established
#- The discretion under Rule 4 to extend time, though wide and unfettered, must be exercised judicially and on sound legal principles, considering the length of delay, reason for delay, chances of success and prejudice to the respondent.
- A single judge exercising jurisdiction under Rule 4 does not determine the merits of the intended appeal.
- Failure to annex a draft memorandum of appeal is not necessarily fatal to an application for extension of time, though it is good practice.
Court orders
#- 1.The application dated 15th May 2025 is allowed
- 2.The applicant shall file the appeal within fourteen (14) days from the date of the ruling
- 3.The costs of the motion shall be in the intended appeal
- On appeal from
- High Court
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jared Juma Ongeta v Godana Guyo Abudo", Case Analysis (2026). Application dated 15th May 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/470/eng@2026-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.