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Court of AppealPartially AllowedNotice of motion application dated 15th May, 2026 (Nakuru)· [2026] KECA 1448 (KLR)

Kenya Power and Lighting Company Plc v Mwangi (Civil Application E074 of 2026) [2026] KECA 1448 (KLR)

Court of Appeal of Kenya
17 July 2026
936 words in judgment
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The bottom line

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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

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Executive summary

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This is a single-judge (duty judge) ruling of the Court of Appeal, Nakuru, on a notice of motion by Kenya Power and Lighting Co. PLC seeking leave to file and serve its memorandum and record of appeal out of time against a judgment of the ELRC (A. Ngibuini J, 30th January 2026) awarding Catherine Wangui Mwangi Ksh. 3,219,346 for wrongful and unfair termination, with costs and interest at 14% per annum. The applicant lodged a notice of appeal on 6th February 2026, obtained a conditional stay of execution from the trial court, and deposited the entire decretal sum in court, but failed to file the appeal within the 60-day period prescribed by Rule 84. Invoking Rule 4, it attributed the delay to inadvertence and administrative challenges by its counsel. The application proceeded undefended. The Court applied the settled Rule 4 factors - length and reason for delay, arguability of the appeal and prejudice to the respondent - holding that the explanation was plausible and satisfactory, the delay not inordinate, and the respondent would not be prejudiced given the deposit of the decretal sum. The Court allowed the application and directed filing and service within 21 days. It declined, for want of jurisdiction, a prayer for stay of proceedings relating to the respondent's application to strike out the notice of appeal, and ordered that costs of the application abide the outcome of the intended appeal.

Key legal issues

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01

Exercise of discretion to extend time under Rule 4

Holding

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.

Reasoning

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.

p. 2
02

Jurisdiction over stay of proceedings pending striking-out application

Holding

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.

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 2.The prayer for stay of proceedings is declined for want of jurisdiction
  3. 3.The costs of the application shall abide the outcome of the intended appeal

Authorities

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Legislation

  • Court of Appeal Rules, 2022Rule 77
  • Court of Appeal Rules, 2022Rule 84
  • Court of Appeal Rules, 2022Rule 4

Cases cited (1)

  • Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet
    [2018] eKLR
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

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Practical implications

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Frequently asked questions

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Cite this brief

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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.