Lucy Njeri Njoroge v Jane Nyambura & 2 others
The bottom line
#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
#Executive summary
#Key legal issues
#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
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
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.
Legal principles established
#- 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
#- 1.Extension of time granted to file the memorandum of appeal and record of appeal
- 2.The applicant shall file and serve the memorandum and record of appeal within the next 14 days
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.