Standard Chartered Bank Limited v Stephen Tajeu Moloi
The bottom line
#Kenya's Court of Appeal confirmed you can still revive an appeal after your notice is struck out, if you explain the delay and act fast.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court may extend time for filing a fresh notice of appeal after a prior notice of appeal has been struck out
Yes. The Court of Appeal Rules, 2022 permit a litigant whose notice of appeal has been struck out to apply for extension of time to file a fresh notice of appeal and record of appeal, and Rule 4 confers an unfettered discretion on a single Judge for this purpose.
The court noted that a litigant whose notice of appeal has been struck out is not without remedy: Rule 4 allows a single Judge to extend time for any act required by the rules, including acts that fell due before the application. The respondent's argument that the application sought to vary a full-bench decision did not prevail.
Whether the interests of justice warranted the extension sought
Yes. The court found the respondent, who had since been substantively reinstated, would suffer no prejudice, and the interests of justice favoured granting the extension.
Applying the established factors - length of and reasons for delay, merits of the appeal and prejudice - the judge found the applicant had offered an explanation (a medical emergency affecting counsel) and that the reinstated respondent would not be prejudiced. Extensions are discretionary concessions, not entitlements, but here the balance favoured the applicant.
Legal principles established
#- Under Rule 4 of the Court of Appeal Rules, 2022, a single Judge has discretion to extend time even where the act to be extended was required to be done before the application was made, including after a notice of appeal has been struck out.
- Extension of time is not a matter of right but a concession granted at the Court's discretion, assessed on the length of and reasons for delay, the merits of the intended appeal and prejudice to the other party.
Court orders
#- 1.Application allowed
- 2.Applicant directed to file the notice of appeal and the appeal within 14 days from the date of the ruling
- On appeal from
- Employment and Labour Relations Court
- Cause No. E005 of 2023
- Jurisdiction invoked
- Court of Appeal Rules, 2022, Rule 4 (discretion of a single Judge to extend time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Standard Chartered Bank Limited v Stephen Tajeu Moloi", Case Analysis (2026). Not stated in the judgment (arising from ELRC Cause No. E005 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/573/eng@2026-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.