Kenya Power and Lighting Company Plc v Mwangi (Civil Application E074 of 2026) [2026] KECA 1448 (KLR)
The bottom line
#The Court of Appeal let Kenya Power file its appeal late because it explained the delay and had already deposited the full award, but refused to halt related proceedings.
What this practically means
#Executive summary
#Key legal issues
#Exercise of discretion to extend time under Rule 4
The delay was not inordinate, the explanation was plausible and satisfactory, and the respondent would suffer no prejudice since the decretal sum was already deposited in court; extension of time was granted.
The Court applied the settled Rule 4 factors: length of delay, reason for delay, arguability of the intended appeal and prejudice to the respondent. The applicant explained the delay by its focus on meeting the conditional stay of execution, demonstrated seriousness by depositing the full decretal sum of Ksh. 3,219,346, and the respondent would easily be paid if the appeal failed. The application was undefended.
Jurisdiction over stay of proceedings pending striking-out application
A single judge on an extension-of-time application has no jurisdiction to grant a stay of proceedings relating to an application to strike out the notice of appeal.
The prayer for stay of proceedings fell outside the scope of the Rule 4 jurisdiction being exercised; the Court declined it expressly for want of jurisdiction, leaving that issue to the appropriate forum.
Legal principles established
#- In an extension-of-time application under Rule 4, the onus is on the applicant to offer a plausible and satisfactory explanation for the delay, and the court considers the length of and reason for the delay, the likelihood of the appeal succeeding, and prejudice to the respondent.
Court orders
#- 1.The application is allowed and the applicant is directed to file and serve its memorandum and record of appeal within twenty one (21) days from the date of the ruling
- 2.The prayer for stay of proceedings is declined for want of jurisdiction
- 3.The costs of the application shall abide the outcome of the intended appeal
- On appeal from
- Employment and Labour Relations Court
- Nakuru ELRC Cause No. E062 of 2023
- 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, "Kenya Power and Lighting Company Plc v Mwangi (Civil Application E074 of 2026) [2026] KECA 1448 (KLR)", Case Analysis (2026). Notice of motion application dated 15th May, 2026 (Nakuru). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1448/eng@2026-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.