Nzioka & 3 others v Nzioka & another (Civil Application E525 of 2023) [2026] KECA 1116 (KLR)
The bottom line
#The Court of Appeal confirmed that a single Judge cannot extend time to file a reference against another Judge's ruling; only a full court can.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether a single Judge of Appeal can extend time for lodging a reference against a decision of another single Judge
- 2.Whether the application before the Court was properly constituted and procedurally compliant
Key legal issues
#Whether a single Judge may entertain an application to extend time for lodging a reference
No. An application for a reference is within the province of a full court, and a single Judge cannot sit on appeal against the decision of another single Judge.
The Judge noted the applicants' confused approach had generated numerous applications breaching Court of Appeal Rules procedure. A previous rule 4 application had already been dismissed by Achode, JA with costs. The Judge found no reasons given for extending time for a reference, doubted the application was properly before him, and held that any challenge to a single Judge's refusal must proceed by reference under rule 57.
The proper procedural avenue where a single Judge refuses an application
The applicants must pursue a reference before the full court in accordance with rule 57 of the Court of Appeal Rules.
Rather than dismissing the application, the Judge directed that the file be returned to the registry so the applicants could pursue the reference route. The Judge emphasised he could not purport to sit on appeal against a learned sister's decision.
Legal principles established
#- An application for a reference against a single Judge's decision lies before a full court, not a single Judge, and a single Judge cannot sit on appeal against another single Judge's decision; the remedy where a single Judge refuses an application is the procedure in rule 57 of the Court of Appeal Rules.
Court orders
#- 1.The file is returned to the registry for the applicants to pursue their avenue through a reference
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court at Machakos
- H.C. Succ. Cause No. 286 of 2007
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act (Cap. 9) and Rules 4, 49 and 57(1)(b) of the Court of Appeal Rules, 2022
Relief refused
#Extension of time to lodge a reference against the ruling of Achode, JA of 24 May 2024
A reference is within the province of a full court, not a single judge, and no reasons were given for extending time; the proper avenue is rule 57
Costs
No costs order made in this order
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
This has led to numerous applications which, in my view, breach the procedure in the Court of Appeal Rules.
That application for a reference is within the province of a full court, not a single judge.
The applicants ought to abide by it as I cannot purport to sit on appeal against the decision of my learned sister.
I think that the proper thing to do here is to return the file to the registry for the applicants to pursue their avenue through a reference. I so order.
Issues in the judgment
#The order is a short single-Judge procedural order; no substantive hearing on the reference application is recorded, and the Judge himself doubted whether the application was properly before him
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nzioka & 3 others v Nzioka & another (Civil Application E525 of 2023) [2026] KECA 1116 (KLR)", Case Analysis (2026). Civil Application E525 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1116/eng@2026-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.