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Court of AppealOtherNot stated in judgment· [2026] KECA 790 (KLR)

Leah Nyambura Kiarie v Karai Farmers Cooperative Society Limited & Another & Another & Another & Another & Another & Another & Another & Another

Court of Appeal of Kenya
23 April 2026
JMJ. Mativo
153 words in judgment
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The bottom line

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The Court of Appeal ruled that challenges to a single Judge's refusal to extend appeal time must go before a full bench, not back to the single Judge.

What this practically means

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Executive summary

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This is a brief procedural direction delivered by Mativo, JA sitting as a single Judge at Nakuru on 23rd April 2026. The applicant had filed a notice of motion dated 9th February 2026, listed before the single Judge. On reading the application, the Judge observed that the applicant was in fact aggrieved by a prior decision of Warsame, JA, delivered on 31st October 2025, dismissing her application for extension of time to file a notice of appeal against a ruling delivered on 16th October 2024. The motion sought review and/or setting aside of that order. The single Judge held that such an application is not properly before a single Judge; it is a reference that must be heard by a full bench of the Court. He accordingly directed that the application be listed before a full bench for hearing and determination. No substantive relief was granted or refused, no decision on the merits was made, and no costs order was issued. The underlying extension-of-time dispute, arising from a ruling of 16th October 2024, remains pending before the full bench. The binding proposition for practitioners is procedural: challenges to a single Judge's dismissal of an extension-of-time application must proceed by way of reference to a full bench, not by fresh motion before a single Judge.

Key legal issues

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01

Competent forum for review of a single Judge's decision

Holding

A party aggrieved by a single Judge's dismissal of an extension-of-time application must pursue the matter by way of reference before a full bench, not by a fresh application before a single Judge

Reasoning

The applicant was aggrieved by Warsame, JA's decision of 31st October 2025 dismissing her extension of time to file a notice of appeal against a ruling of 16th October 2024. Her motion sought review or setting aside of that order. Because review of a single Judge's decision lies to the full Court, Mativo, JA held the matter could not be heard as a single Judge matter and directed placement before a full bench.

p. 1

Legal principles established

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  • An application seeking review or setting aside of a single Judge's decision dismissing an extension-of-time application is a reference to a full bench, not a single Judge matter

Court orders

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  1. 1.The application dated 9th February 2026 to be listed before a full bench of the Court of Appeal for hearing and determination
On appeal from
Court of Appeal of Kenya (single Judge)
null
Jurisdiction invoked
Inherent procedural jurisdiction of a single Judge of the Court of Appeal to direct listing of a matter before a full bench

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, "Leah Nyambura Kiarie v Karai Farmers Cooperative Society Limited & Another & Another & Another & Another & Another & Another & Another & Another", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/790/eng@2026-04-23

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