Sharifow v Agricultural and Food Authority & 2 others; Habco Agencies Ltd (Interested Party) (Civil Application E158 of 2026) [2026] KECA 1300 (KLR)
The bottom line
#The Court of Appeal struck out an extension-of-time application because the applicant never filed a notice of appeal, which is required before any appeal can proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Court's rule 4 discretion can be exercised absent a lodged notice of appeal
No. The discretionary powers under rule 4 are exercisable only where the intended appellant has first lodged a notice of appeal in obedience to rule 77(1); a draft notice annexed to an affidavit does not suffice.
The court held that extension of time under rule 4 is a discretionary power exercisable only where the jurisdiction has been properly invoked. A notice of appeal lodged under rule 77(1) is a jurisdictional prerequisite, following the Supreme Court's decisions in University of Eldoret v Sitienei and Salat as applied in Apungu Arthur Kibira. The applicant had only a draft notice annexed to his affidavit, not one lodged on record.
Consequence of failure to lodge a notice of appeal
The application is incompetent and must be struck out.
Having found that no notice of appeal had been lodged, the court concluded the applicant had not expressed an intention to appeal. Without a properly filed notice of appeal on record, the Motion was incompetent and could not survive; it was struck out with no orders as to costs, the respondent and interested parties having not opposed.
Legal principles established
#- A notice of appeal is a jurisdictional prerequisite to invoking the Court of Appeal's discretion, including under rule 4 for extension of time
- The filing of a notice of appeal signifies the intention to appeal and is not dependent on any condition to be fulfilled by the appellant
Court orders
#- 1.The applicant's Notice of Motion is incompetent and is struck out with no orders as to costs
- On appeal from
- High Court of Kenya at Nairobi
- Petition No. E072 of 2022
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022 (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sharifow v Agricultural and Food Authority & 2 others; Habco Agencies Ltd (Interested Party) (Civil Application E158 of 2026) [2026] KECA 1300 (KLR)", Case Analysis (2026). Notice of Motion dated 26th March 2026 (Civil Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1300/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.