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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedCivil Application (extension of time) dated 27th February 2026, Nakuru· [2026] KECA 904 (KLR)

Lucy Njeri Njoroge v Jane Nyambura & 2 others

Court of Appeal of Kenya
15 May 2026
1,557 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal granted extra time to appeal after a lawyer's oversight, confirming honest mistakes won't lock you out of justice.

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 Nakuru (Murungi B. Kairaria JA) on a Notice of Motion dated 27th February 2026 seeking extension of time to file and serve the memorandum and record of appeal out of time. The intended appeal targets the judgment of S M Mohochi J of 19th June 2025 in Nakuru Succession Cause No. 39 of 2019, in which the applicant says she and her children were effectively disinherited. The applicant lodged a notice of appeal within five days and requested typed proceedings, but inadvertently failed to pay the assessed fees until 12th August 2025; proceedings were ready on 12th November 2025 and a certificate of delay certified 92 days. She nonetheless failed to file the record within the sixty-day period under rule 84(1) of the Court of Appeal Rules, and invoked the Court's discretionary jurisdiction under rule 4. The respondents opposed, contending the explanations of inadvertence and administrative lapse were unbelievable and inexcusable. Applying the principles in Leo Sila Mutiso and the dictum of Madan JA in Belinda Murai v Amos Wainaina that a mistake should be rectified where the interests of justice dictate, the judge found the explanation plausible, not deliberate, and granted the application. The applicant was ordered to file and serve the memorandum and record of appeal within 14 days, with costs of the application abiding the intended appeal. The judge also cautioned parties on filing submissions out of time.

Key legal issues

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01

Whether inadvertent failure by counsel to pay for typed proceedings and consequent failure to file the record of appeal in time constitutes an excusable delay warranting extension of time under rule 4

Holding

Yes. The court found the explanation of inadvertence plausible, noting the applicant acted with promptitude in lodging the notice of appeal five days after judgment and in requesting proceedings immediately

Reasoning

The court applied the established rule 4 principles: length of and reason for delay, arguability, and prejudice. It found the applicant did not deliberately delay; the lapse in payment was inadvertent and the administrative lapse in chambers occurred over the end-of-year recess. Counsel filed the application promptly once the lapse was discovered. Counsel's own cautionary remarks on parties filing submissions out of time did not affect the exercise of discretion.

p. 3

Legal principles established

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  • In deciding an application for extension of time under rule 4, the court considers the duration of the delay, the reason for the delay, whether the intended appeal is arguable, and possible prejudice to the respondent
  • A mistake by counsel, even a seasoned one, does not close the door of justice where the interests of justice dictate rectification

Court orders

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  1. 1.Extension of time granted to file the memorandum of appeal and record of appeal
  2. 2.The applicant shall file and serve the memorandum and record of appeal within the next 14 days
  3. 3.Costs of the application shall abide the intended appeal
On appeal from
High Court of Kenya
Nakuru Succ Cause No. 39 of 2019
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (discretionary jurisdiction to extend time)

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, "Lucy Njeri Njoroge v Jane Nyambura & 2 others", Case Analysis (2026). Civil Application (extension of time) dated 27th February 2026, Nakuru. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/904/eng@2026-05-15

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