Nixon Mwai Kimiti v British Army Training Unit Kenya
The bottom line
#Kenya's Court of Appeal confirmed that when counting appeal deadlines, the first day is excluded, so a notice filed the day after the nominal deadline was still on time.
What this practically means
#Executive summary
#Key legal issues
#Computation of time under Rule 3 of the Court of Appeal Rules
Where a court grants 14 days' extension by a ruling of 4th December 2025, the period nominally ends on 18th December 2025, but under Rule 3 the last day is excluded, so a Notice of Appeal filed on 19th December 2025 was filed within time.
The court applied Rule 3 of the Court of Appeal Rules, which requires that the period of days be computed exclusive of the day on which the event or act occurs. The extension ruling was made on 4th December 2025; counting 14 days gives 18th December 2025 as the last day. Excluding that last day, the Notice of Appeal filed on 19th December 2025 fell within the extended period, rendering the application unnecessary though allowed.
Whether extension of time under Rule 4 should be granted
The application was granted in terms of prayer 2, though the court observed it was unnecessary since the notice was already in time.
The judge noted the application was unopposed and, on his own computation, the Notice of Appeal was already filed within the extended time by operation of Rule 3. He nonetheless allowed the application in terms of prayer 2 and gave directions on service and compliance with the Rules' timelines for the record of appeal.
Legal principles established
#- In computing periods fixed by the Court of Appeal Rules, the day on which the event or act occurs is excluded from the count, so an act done on the day after the nominal expiry date is within time
Court orders
#- 1.Application allowed in terms of prayer 2 (extension of time / deeming of the Notice of Appeal filed 19th December 2025 as duly lodged within time)
- 2.If the Notice of Appeal has not been served, it be served within 7 days in compliance with Rule 79 of the Court of Appeal Rules
- 3.Applicant to comply with the other timelines set by the Court of Appeal Rules regarding filing and service of the record of appeal
- 4.No orders as to costs
- On appeal from
- Employment and Labour Relations Court, Nairobi
- ELRC Cause No. 415 of 2018
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nixon Mwai Kimiti v British Army Training Unit Kenya", Case Analysis (2026). Notice of Motion dated 13th February 2026 (Civil Application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1524/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.