Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealOtherNot stated in the judgment

Kimetto v Chepkwony & another (Civil Application E118 of 2025) [2026] KECA 537 (KLR)

Court of Appeal of Kenya
16 March 2026
JMJ. Mativo
130 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal ruled that a single judge cannot decide applications for leave to appeal — those must be heard by a full bench of three judges.

What this practically means

#

Executive summary

#
This is a brief ruling delivered by a single judge of the Court of Appeal at Nakuru on 16th March 2026 in respect of an application dated 10th November 2025 seeking leave to appeal and stay of execution, brought under Rules 41(1)(b)(iii) and 5(2)(b) of the Court of Appeal Rules. The judge did not determine the application on its merits. Relying on Rule 55(1)(2)(a) of the Court of Appeal Rules 2022, the judge held that an application for leave to appeal, where leave is required under the law, is a matter that must be heard by a full bench of the Court rather than a single judge. On that basis the judge concluded that the application had been wrongfully listed before him and made no determination on leave or on the stay of execution. The only substantive order was a direction that the application be listed before a full bench. No costs order was made, no parties or case number are identified on the face of the ruling, and no decision below was reviewed or disturbed. The decision is of procedural significance only: it records the Court of Appeal's position that single judges lack jurisdiction to determine leave-to-appeal applications reserved to the full bench under Rule 55, and it leaves the substantive questions of leave and stay entirely open for determination by the full bench.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether an application for leave to appeal, where leave is required under the law, may be heard by a single judge rather than a full bench of the Court of Appeal

Key legal issues

#
01

Composition of the bench to hear an application for leave to appeal

Holding

The application could not be determined by a single judge; it must be placed before a full bench.

Reasoning

Rule 55(1)(2)(a) of the Court of Appeal Rules 2022 vests jurisdiction over applications for leave to appeal (where leave is required) in a full bench. The single judge therefore had no power to determine the application and instead directed that it be listed before a full bench.

p. 1

Legal principles established

#
  • An application for leave to appeal, where leave to appeal is required under the law, must be heard by a full bench of the Court of Appeal and not by a single judge.

Court orders

#
  1. 1.The application is wrongfully listed before the single judge
  2. 2.The application is to be listed before a full bench of the Court of Appeal

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

JM
majority

Wrote the judgment

Jurisdiction invoked
Rules 41(1)(b)(iii) and 5(2)(b) of the Court of Appeal Rules; Rule 55(1)(2)(a) of the Court of Appeal Rules 2022

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Under Rule 55(1)(2) (a) of the Court of Appel Rules 2022, an application for leave to appeal where leave to appeal is required under the law is a matter to be heard by a full bench of this Court, not a single judge.
p. 1Jurisdiction over leave-to-appeal applications
I direct that the application be listed before a full bench.
p. 1Final orders

Issues in the judgment

#
minor

The judgment refers to 'the Court of Appel Rules 2022' - an apparent typographical error for 'Court of Appeal Rules 2022'.

material

The case number, parties and the decision sought to be appealed are not identified anywhere in the ruling.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kimetto v Chepkwony & another (Civil Application E118 of 2025) [2026] KECA 537 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/537/eng@2026-03-16

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