Cherutich (Suing as Legal Representative of the Estate of Cherutich Yego) v Board of Management Hossem Secondary School
The bottom line
#Kenya's Court of Appeal gave an estate's representative extra time to appeal because court delays, not her own fault, caused the four-month holdup.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted an extension of time to file and serve the memorandum of appeal and record of appeal under Rule 4 of the Court of Appeal Rules
Key legal issues
#Whether the approximately four-month delay in filing the memorandum and record of appeal was excusable
The delay was not inordinate and was sufficiently explained by the delay in issuance of certified proceedings and decree, evidenced by a certificate of delay.
The court applied the settled Rule 4 principles: length of and reason for delay, chances of appeal success, prejudice to the respondent, and related factors. The applicant filed a notice of appeal within time on 14th April 2026, made numerous follow-ups, and obtained a certificate of delay showing the proceedings and decree were only issued on 14th and 15th July 2026. The delay was thus attributable to factors outside her control, and the application was unopposed.
Legal principles established
#- The factors for extension of time under Rule 4 are relevant but not exhaustive; the discretion is unfettered.
Court orders
#- 1.Extension of time granted to file and serve the memorandum of appeal and record of appeal
- 2.Applicant directed to file the memorandum of appeal and record of appeal within 30 days from the date of the order
- 3.Costs of the application to abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court at Iten
- ELC No. E006 of 2025
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, with Article 159 of the Constitution
Quotable passages
#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 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
I find that the applicant deserves the exercise of discretion for the reason that the delay of about four months, which is not inordinate, has been explained.
Accordingly, I direct the applicant to file her memorandum of appeal and record of appeal within the next 30 days from the date of this order.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cherutich (Suing as Legal Representative of the Estate of Cherutich Yego) v Board of Management Hossem Secondary School", Case Analysis (2026). Civil Application E093 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1932/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.