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Court of AppealPartially AllowedCivil Appeal No. E725 of 2023 (application dated 11th August 2025)· [2026] KECA 690 (KLR)

Saham Assurance Company (K) Limited v Nyandera & 2 others (Civil Application E496 of 2025) [2026] KECA 690 (KLR)

Court of Appeal of Kenya
25 March 2026
MNMumbi Ngugi
962 words in judgment
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The bottom line

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Kenya's Court of Appeal granted Saham Assurance extra time to seek Supreme Court review, accepting a lawyer's illness as a valid excuse for a short filing delay.

What this practically means

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Executive summary

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This is a ruling by Mumbi JA, sitting as a single judge of the Court of Appeal at Nairobi, on an omnibus application dated 11th August 2025 by Saham Assurance Company (K) Limited. The applicant sought extension of time to file an application for certification that its intended appeal to the Supreme Court raises substantial questions of constitutional interpretation and matters of general public importance under Article 163(4)(b), together with certification, leave to appeal, and stay of execution. The Court of Appeal had, in a judgment delivered on 20th June 2025 in Civil Appeal No. E725 of 2023, held the applicant liable to settle a decretal sum of Kshs. 2,602,978 with costs and interest. Under rule 55, only the extension-of-time prayer fell within the single judge's jurisdiction; the remaining prayers were reserved for a full bench. Applying the Salat principles, the judge found the 21-day delay not inordinate and satisfactorily explained by counsel's medical emergency, notwithstanding the respondents' contention that the advocate who fell ill was not counsel on record in the appeal. The extension of time was granted, the application was referred to a full bench for the outstanding prayers, and the court made no order as to costs. The certification, leave and stay questions remain undecided.

Key legal issues

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01

Whether the 21-day delay in filing the certification application was excusable

Holding

The delay was not inordinate and was satisfactorily explained by counsel's illness, supported by a medical report

Reasoning

The single judge applied the settled Salat factors. The delay of 21 days was short. Counsel deponed that he fell ill with peptic ulcers and was out of office until 30th July 2025, annexing a doctor's note. Although the respondents contested that the advocate on record in the appeal was different, the court was satisfied with the explanation and did not need to consider the remaining factors.

p. 3

Legal principles established

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  • An application for certification under Article 163(4)(b) must be lodged within 30 days of the Court of Appeal judgment
  • Extension of time is governed by the Salat factors: length of delay, reasons for delay, chances of appeal succeeding, and prejudice to the respondent

Court orders

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  1. 1.Prayer for extension of time allowed
  2. 2.The application dated 11th August 2025 may be placed for hearing of the outstanding prayers before a full bench of this Court
  3. 3.No order as to costs

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 163(4)(b)
  • Court of Appeal Rulesrule 4
  • Court of Appeal Rulesrule 41(2)
  • Court of Appeal Rulesrule 55

Cases cited (1)

  • Salat v Independent Electoral and Boundaries Commission & 7 others
    [2014] eKLR; [2014] KESC 12 (KLR)
On appeal from
Court of Appeal of Kenya
Civil Appeal No. E725 of 2023
Jurisdiction invoked
Rules of this Court, rules 4, 41(2) and 55 (extension of time before a single judge)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Saham Assurance Company (K) Limited v Nyandera & 2 others (Civil Application E496 of 2025) [2026] KECA 690 (KLR)", Case Analysis (2026). Civil Appeal No. E725 of 2023 (application dated 11th August 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/690/eng@2026-03-25

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