National Bank of Kenya Ltd v D Ethics and Anti-Corruption Commission & 5 others; Waterfront Outlets Ltd & another (Interested Parties) (Civil Application E472 of 2025) [2026] KECA 982 (KLR)
The bottom line
#Kenya's Court of Appeal let a bank appeal a ruling that barred it from defending its charged property in an anti-corruption forfeiture case, blaming registry delays.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under Rule 4
The discretion is wide and unfettered, exercised judiciously applying the Salat principles: length of delay, reason for delay, chances of success, and prejudice.
The court restated that extension of time is an equitable remedy, not a right, available to a deserving party. It applied the four guiding factors, found the delay excluded by the Certificate of Delay under Rule 84, found diligence and arguability, and no demonstrated prejudice. Procedural technicalities could not defeat substantive justice under Article 159(2)(d).
Effect of a Certificate of Delay
A Certificate of Delay showing the registry consumed the period preparing proceedings is prima facie evidence excusing late filing, and the period is excluded from computation of time under Rule 84.
The court found the ruling was delivered 25th September 2024, the Notice of Appeal lodged 2nd October 2024, and proceedings requested the same day. The Certificate of Delay issued 30th May 2025 covered the registry's delay; no respondent challenged it, so the explanation was satisfactory.
Legal principles established
#- A Certificate of Delay issued by the Registrar is prima facie evidence excusing late filing, unless cogent reasons are advanced to challenge it
- Rule 4 confers a wide and unfettered discretion to extend time, exercised judiciously on the settled principles of length of delay, reason for delay, arguability and prejudice
Court orders
#- 1.Extension of time within which to file the appeal against the Ruling and Order of Sifuna J delivered on 25th September 2024
- 2.Memorandum of Appeal dated 2nd October 2024 deemed duly filed and properly on record
- 3.Record of Appeal dated 3rd June 2025 deemed duly filed and properly on record
- 4.Costs in the cause
- On appeal from
- High Court of Kenya
- Nairobi HCACECS No. E024 of 2022
- Jurisdiction invoked
- Section 3A(1) and (2) of the Appellate Jurisdiction Act, Cap 9, and Rules 4, 5(2)(b), 43, 44 and 49 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Bank of Kenya Ltd v D Ethics and Anti-Corruption Commission & 5 others; Waterfront Outlets Ltd & another (Interested Parties) (Civil Application E472 of 2025) [2026] KECA 982 (KLR)", Case Analysis (2026). Application dated 17th June 2025 (arising from Nairobi HCACECS No. E024 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/982/eng@2026-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.