Bernard Herman Karanja v Jane Wambui & Kagunya Kamau (suing As The Administrators of The Estate of Emma Wangui Kamau Deceased) & 1 other
The bottom line
#Kenya's Court of Appeal refused to overturn a judge's decision denying extra time to appeal, showing full benches rarely second-guess a single judge's discretionary calls.
What this practically means
#Executive summary
#Key legal issues
#Whether the reference met the rule 57(1)(b) timeline for seeking review of a single Judge's decision
The request for a full bench, dated 6th April 2022, was within seven days of the single Judge's decision of 1st April 2022 and therefore complied with rule 57(1)(b).
Rule 57(1)(b) permits a dissatisfied party in a civil matter to apply informally to the single Judge or by writing to the Registrar within seven days of the decision. The single Judge decided on 1st April 2022 and the applicant wrote on 6th April 2022, within the seven-day window, so the reference was properly before the full bench.
Whether the full bench should interfere with the single Judge's exercise of discretion refusing extension of time
The single Judge considered all material before him, correctly assessed the delay as not inordinate and the appeal as not arguable (the applicant being bound by his own undertaking under the sale agreement), and no basis for interference was shown.
Applying Simeon Okingo and Mwangi v Kenya Airways, interference lies only where the single Judge misdirected himself or was plainly wrong. Here the Judge addressed delay, arguability and the applicant's binding undertaking under the sale agreement. The record disclosed no misdirection, no wrong decision and no error in the exercise of discretion, so the reference failed.
Legal principles established
#- A full bench on a reference from a single Judge's discretionary decision will interfere only where the single Judge took into account an irrelevant matter, failed to consider a relevant matter, misapprehended the law or evidence, or was plainly wrong.
- In an extension-of-time application under rule 4, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Court orders
#- 1.The application (reference) is dismissed
- 2.No order as to costs
- On appeal from
- Court of Appeal (decision of single Judge, Mbogholi, JA)
- Application dated 28th November 2021
- Jurisdiction invoked
- Rule 57(1)(b) of the Court of Appeal Rules, 2022 (reference from decision of a single Judge under the proviso to section 5 of the Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bernard Herman Karanja v Jane Wambui & Kagunya Kamau (suing As The Administrators of The Estate of Emma Wangui Kamau Deceased) & 1 other", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1374/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.