Philip Juma Akoth v Maxwell Otieno Odongo & 4 Others
The bottom line
#Kenya's Court of Appeal gave a litigant more time to seek Supreme Court review because his lawyer's illness and accident explained the delay, though he still pays costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the application for certification and leave was satisfactorily explained
Yes. The delay was not inordinate and the explanation - counsel's illness and road traffic accident affecting his eyesight - was supported by sworn depositions and a medical report and accepted by the court.
The court found the delay relatively short and not inordinate. The explanation, though contested, was not shown to be manifestly false or made in bad faith. Sworn depositions and a medical report demonstrated circumstances capable of affecting counsel's ability to act within the stipulated period, which the judge accepted.
Whether the respondents would suffer prejudice if time were extended
No compensable prejudice was demonstrated; the respondents' right to enjoy the fruits of the judgment would not be extinguished by a modest extension.
The court held that any prejudice could be compensated by costs. Extension of time merely affords the applicant the opportunity to exhaust the appellate process; it does not extinguish the respondents' accrued rights under the judgment below.
Legal principles established
#- Extension of time is not a right but an equitable remedy available to a deserving party at the discretion of the Court, guided by the Salat considerations
- Where a reasonable explanation for delay is offered, the discretion to extend time should be exercised to facilitate rather than impede access to justice
- On an extension-of-time application, the court need not determine whether the intended appeal meets the certification threshold under Article 163(4)(b); that falls to the bench hearing the substantive application
Court orders
#- 1.Time is extended within which to file the application for certification and leave to appeal to the Supreme Court
- 2.The application for certification and leave to appeal filed on 22nd December, 2025 is deemed as duly filed and properly on record upon payment of the requisite fees
- 3.Costs of the application awarded to the 1st respondent
- On appeal from
- Court of Appeal at Kisumu
- Civil Appeal No. E027 of 2021 (10 of 2021)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Philip Juma Akoth v Maxwell Otieno Odongo & 4 Others", Case Analysis (2025). Civil Application No. E175 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1744/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.