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Court of AppealPartially AllowedCourt of Appeal Application dated 8th August 2025 (arising from Kakamega High Court Civil Appeal No. 20 of 2022)· [2026] KECA 685 (KLR)

Violet Shivogo Andeso & 1 other v Монаmmed Idris & 1 other

Court of Appeal of Kenya
27 March 2026
HOH. A. Omondi
1,390 words in judgment
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The bottom line

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Kenya's Court of Appeal excused a five-day late filing of a notice of appeal, showing short, well-explained delays will be forgiven.

What this practically means

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Executive summary

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This is a single-Judge ruling of the Court of Appeal at Kisumu (H. A. Omondi, JA) on a Notice of Motion dated 8th August 2025 seeking extension of time to lodge and serve a Notice of Appeal, and to file a Memorandum of Appeal and record of appeal out of time, in respect of a ruling delivered on 22nd May 2025 by Chirchir, J. in Kakamega High Court Civil Appeal No. 20 of 2022. In that ruling the High Court had reduced an award of special damages from Kshs.2,064,847 to Kshs.340,500 and declined the respondents'/applicants' cross-application for review. The applicants' counsel, though present when the ruling was delivered, was unable to contact the applicants to obtain instructions because their only phone number was not going through; the Notice of Appeal was ultimately filed on 10th June 2025, five days beyond the statutory 14-day period under Rule 77 of the Court of Appeal Rules. The respondents opposed, contending there was no plausible explanation for the delay. Applying Rule 4 and the well-settled parameters in Leo Sila Mutiso v Hellen Wangari Mwangi and Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet, the Court held the five-day delay was not inordinate, the explanation plausible, and that no prejudice would be suffered since no execution had begun. The application was allowed, with extension of time granted to lodge and serve the notice of appeal within fourteen days, and no orders as to costs.

Key legal issues

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Whether the applicants' delay of 5 days in filing the Notice of Appeal should be excused under Rule 4 of the Court of Appeal Rules

Holding

Yes. Applying the Leo Sila Mutiso parameters, the 5-day delay was not inordinate, the explanation (inability to reach the applicants for instructions) was plausible, and the respondents would suffer no prejudice.

Reasoning

Rule 4 confers an unfettered discretion to extend time, though the rule itself does not list factors. Courts apply the Leo Sila Mutisi parameters: length of delay, reason for delay, chances of success and prejudice. The delay here was only 5 days; counsel was present when the ruling was delivered but could not reach the applicants for instructions because their phone was not going through. This was not a delaying tactic, and no execution process had begun.

p. 3

Legal principles established

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  • There is no maximum or minimum period of delay prescribed by law; what is required is a reasonable and plausible explanation of the delay, and where the delay is short and explained, no prejudice is occasioned, extension of time may be granted

Court orders

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  1. 1.Extension of time granted to lodge and serve the notice of appeal
  2. 2.The notice of appeal to be filed and served within fourteen (14) days of the date of the order
  3. 3.No orders as to costs
On appeal from
High Court of Kenya at Kakamega
Civil Appeal No. 20 of 2022
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (discretion to extend time); single Judge of Appeal exercising the court's discretion

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Violet Shivogo Andeso & 1 other v Монаmmed Idris & 1 other", Case Analysis (2026). Court of Appeal Application dated 8th August 2025 (arising from Kakamega High Court Civil Appeal No. 20 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/685/eng@2026-03-27

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