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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedCivil Application E390 of 2024

Sikawa v Ere Build Systems Ltd

Court of Appeal
25 September 2026
2,320 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal let a man appeal late because his US residence explained the 84-day delay, and money awards can compensate for delay.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi by Lessit, JA, on an application dated 30th July 2024 under sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules. The applicant, Keneth Sikawa, sought leave to file a notice of appeal and record of appeal out of time, and extension of time to seek leave to appeal, against a ruling of D. Majanja, J. delivered on 8th May 2024 in Misc. Arbitration Cause E017 and E019 of 2023, which set aside an arbitral award of Kshs.3,565,518.45 published by arbitrator Charles J Mwaura and dismissed the applicant's enforcement application under section 36 of the Arbitration Act. The respondent opposed, contending the 84-day delay was inordinate, deliberate and unsubstantiated, and that the previous advocate had kept the applicant informed. The judge applied the well-settled rule 4 principles from Fakir Mohamed v Joseph Mugambi, noting that extension of time is an equitable remedy, not a right, and that the applicant bears the burden of explaining the delay. The applicant's residence in the United States was uncontroverted, and the judge found his explanation satisfactory; prejudice to the respondent was quantifiable given the financial nature of the award. The application was allowed with leave to file the notice and record of appeal within 14 days and an application for leave to appeal within 21 days. Costs were awarded to the respondent. The certification limb was left for a full bench.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has given a satisfactory explanation for the delay in filing the notice of appeal and record of appeal out of time
  2. 2.Whether the respondent would suffer prejudice if extension of time is granted

Key legal issues

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01

Extension of time under rule 4 of the Court of Appeal Rules

Holding

The applicant gave a satisfactory explanation for the 84-day delay and the respondent would suffer no serious prejudice; extension was merited

Reasoning

Rule 4 confers an unfettered discretion but does not prescribe factors; the well-settled principles from Fakir Mohamed apply: length and reason for delay, chances of success, prejudice to the respondent, and other relevant factors. The applicant's residence in the US was uncontroverted, and the advocate's prior involvement did not preclude a failure to communicate the ruling. Prejudice was quantifiable as the appeal concerns a financial award.

p. 4

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party at the court's discretion, and the applicant bears the burden of laying a basis for it

Court orders

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  1. 1.Application dated 30th July 2024 allowed
  2. 2.Leave granted to file the notice of appeal and record of appeal out of time against the ruling of D. Majanja, J. in Misc. Arbitration Cause E017 and E019 of 2023, within 14 days, and to serve within 21 days
  3. 3.Extension of time granted to file an application seeking leave to appeal against the decision of D. Majanja, J., within 21 days
  4. 4.Costs of the application to the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court, Commercial and Tax Division
Misc. Arbitration Cause E017 and E019 of 2023
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules

Relief refused

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Certification that matters of general public importance are involved in the intended appeal to the Supreme Court

The single judge considered only the extension-of-time limb; the rest of the application was left for a full bench

p. 2

Costs

The costs of this application shall be to the respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Court may, on such terms as may be just, by order, extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing of any act authorized or required by these Rules
p. 3Rule 4 power to extend time
The period of delay, the reason for the delay, (possibly) the chances of the appeal succeeding if the application is granted, the degree of prejudice to the respondent if the application is granted, the effect of delay on public administration, the importance of compliance with time limits, the resources of the parties, whether the matter raises issues of public importance- are all relevant but not exhaustive factors
p. 3Fakir Mohamed principles for extension of time
The application dated 30th July, 2024 is merited and the same be and is hereby allowed
p. 4Final orders

Issues in the judgment

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minor

Judge's name spelled differently in coram and signature block

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, "Sikawa v Ere Build Systems Ltd", Case Analysis (2026). Civil Application E390 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1828/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.