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Court of AppealAllowedNotice of Motion dated 6th November 2025 (Court of Appeal, Mombasa)

National Land Commission v Ali & another (Civil Application E098 of 2025) [2026] KECA 916 (KLR)

Court of Appeal of Kenya
15 May 2026
KLK. I. Laibuta
1,385 words in judgment
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The bottom line

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Kenya's Court of Appeal let the National Land Commission serve its appeal notice seven months late, confirming that a well-explained delay can always 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 Mombasa (Laibuta, JA) delivered on 15th May 2026 on a Notice of Motion dated 6th November 2025 by the National Land Commission seeking extension of time under rule 4 of the Court of Appeal Rules to serve its Notice of Appeal and letter requesting certified copies of the proceedings out of time, following a judgment whose decretal sum exceeds two billion shillings. The applicant explained that its former advocate lodged the Notice of Appeal and letter on 9th December 2024 but failed to serve them on the respondents; the omission was discovered on internal review and service was effected by email on 11th July 2025, producing a delay of about seven months. The applicant cited Leo Sila Mutiso, Chemaringo and Anti-Counterfeit Authority; the 2nd respondent supported the motion, citing among others the Supreme Court decision in Muya; the 1st respondent alone opposed, arguing unexplained delay of almost a year and non-compliance with rule 84. Applying the four Mutiso factors, supplemented by Fakir Mohammed, the court held the discretion unfettered, found the delay satisfactorily and plausibly explained, the appeal demonstrably arguable, and no prejudice shown, adding the public importance of the controversy. The motion was allowed with costs to the 1st respondent. This is an interlocutory discretionary ruling; it does not disturb any decision below, and its binding effect lies in restating the rule 4 extension-of-time principles.

Key legal issues

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01

Whether the 7 months' delay in serving the Notice of Appeal and letter requesting proceedings was excusable

Holding

The delay was satisfactorily explained by the supporting affidavit and warranted the exercise of discretion in favour of the applicant, reinforced by the public importance of the matters in controversy.

Reasoning

Applying the Leo Sila Mutiso factors and the Chemaringo principle that any period of delay suffices if explained, the court found the inadvertent failure by the former advocate to effect service to be an honest mistake, plausibly explained, and noted the colossally decretal sum and public importance. The court also observed that the applicant had an arguable appeal and that no prejudice to the respondents was shown, none having filed a replying affidavit.

p. 3

Legal principles established

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  • The discretion to extend time under rule 4 is unfettered and is guided principally by the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent; there is no minimum or maximum period of delay, provided the delay is satisfactorily explained.

Court orders

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  1. 1.The Notice of Motion is allowed: extension of time granted to serve the Notice of Appeal and the letter requesting certified copies of the proceedings out of time
  2. 2.Costs of the application awarded to the 1st respondent
On appeal from
High Court
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (discretion to extend time for doing any act authorized or required by the Rules)

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, "National Land Commission v Ali & another (Civil Application E098 of 2025) [2026] KECA 916 (KLR)", Case Analysis (2026). Notice of Motion dated 6th November 2025 (Court of Appeal, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/916/eng@2026-05-15

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