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 AppealAllowedNot stated in the judgment· [2026] KECA 553 (KLR)

Sunkuli (Acting Secretary General, KANU) v Kenya Power & Lighting Company Limited (Civil Appeal (Application) E977 of 2024) [2026] KECA 553 (KLR)

Court of Appeal of Kenya
13 March 2026
NNNduma Nderi
1,043 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal gave a party 14 more days to serve its appeal papers, showing courts will forgive honest delay to keep appeals alive.

What this practically means

#

Executive summary

#
This is a single-judge ruling of the Court of Appeal at Nairobi by Nduma Nderi, JA, delivered on 13th March 2026, determining a Notice of Motion dated 10th April 2025 seeking extension of time to serve a Notice of Appeal and letter bespeaking proceedings, both dated 14th December 2023. The applicant was aggrieved by a ruling of J.W.W. Mong'are, J. of the High Court at Nairobi delivered on 30th November 2023 dismissing its bid to set aside the public auction of property known as Nakuru Municipality Block 9/31. The applicant lodged the Notice of Appeal and letter requesting proceedings but failed to serve them within the seven days required under Rule 79(1) of the Court of Appeal Rules, 2022, attributing the omission to relocation of the advocates' offices, misplacement of files during the transition, and closure of chambers for the December holidays. The omission surfaced only when the respondent filed an application dated 14th February 2025 seeking to strike out the appeal. The application was unopposed, and no submissions were filed. The court invoked Rule 4 of the Court of Appeal Rules, Section 3A of the Appellate Jurisdiction Act and Article 159(2)(d) of the Constitution, applying the Leo Sila Mutiso and Salat principles. Holding the delay excusable, the appeal arguable, and the respondent free of prejudice — having known of the appeal through Miscellaneous Application E494 of 2024 and having been served with the Record of Appeal — the court allowed the motion, extended time for service by fourteen days, deemed the appeal properly on record subject to compliance, and ordered that costs of the application abide the outcome of the appeal. The decision below was not disturbed at this interlocutory stage.

Key legal issues

#
01

Whether to extend time for service of the Notice of Appeal and letter requesting proceedings

Holding

Extension granted; the delay, though substantial, was explained as inadvertent, the appeal raises arguable grounds, and no prejudice was shown.

Reasoning

The court applied the established principles from Leo Sila Mutiso and Salat: length of and reason for delay, arguability of the appeal, and prejudice. The delay from December 2023 to April 2025 was attributed to relocation of the advocates' offices, misplacement of files, and holiday closure, held to be inadvertent rather than deliberate. The respondent knew of the appeal through Misc. Application E494 of 2024 and had the Record of Appeal served, so no prejudice arose. Article 159(2)(d) required substantive justice to prevail over the procedural lapse.

p. 3

Legal principles established

#
  • Extension of time is discretionary and guided by the length of and reason for delay, chances of the appeal succeeding, and prejudice to the respondent.

Court orders

#
  1. 1.The Notice of Motion dated 10th April 2025 is allowed
  2. 2.Time for service of the Notice of Appeal and letter bespeaking proceedings dated 14th December 2023 is extended by fourteen (14) days from the date of the ruling
  3. 3.The appeal is deemed properly on record subject to compliance with the order
  4. 4.Costs of the application shall abide the outcome of the appeal
On appeal from
High Court at Nairobi
Not stated (ruling of 30th November 2023)
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022 and Section 3A of the Appellate Jurisdiction Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Sunkuli (Acting Secretary General, KANU) v Kenya Power & Lighting Company Limited (Civil Appeal (Application) E977 of 2024) [2026] KECA 553 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/553/eng@2026-03-13

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