Rono v Sirtich (Suing as the Personal Representative of the Estate of the Late Michael Kiptum Sirtich)
The bottom line
#Kenya's Court of Appeal allowed an appeal to proceed out of time because registry delays, not the appellant, caused the 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 has satisfied the conditions for extension of time to file a notice of appeal and record of appeal out of time
- 2.Whether the notice of appeal filed on 6th March 2023 and record of appeal filed on 15th August 2023 should be deemed duly filed and served
- 3.What costs order should issue on an undefended application
Key legal issues
#Extension of time under Rule 4
Discretion was exercised in the applicant's favour because the delay in progressing the appeal was not occasioned by the applicant; the notice of appeal and record of appeal were admitted as duly filed.
The applicant's advocate filed a notice of appeal by email within a week of judgment, requested an invoice from the registry without response, applied for certified copies within 30 days, and bespoke typed proceedings repeatedly. Certified copies were only supplied on 24th July 2023, after which the record of appeal was filed on 15th August 2023. The delay was thus attributable to circumstances beyond the applicant's control, satisfying the Rule 4 criteria.
Costs on an undefended application
No order for costs was made because the application was undefended.
Despite due service, the respondent did not respond to the application. The court, exercising discretion, declined to award costs to either party, making no order for costs on the undefended motion.
Legal principles established
#- An applicant seeking extension of time must explain the delay, and the explanation must be reasonable enough to excuse the default.
- There is no minimum or maximum period of delay; any delay must be satisfactorily explained to unlock the court's discretionary favour.
Court orders
#- 1.The notice of appeal and record of appeal filed on 6th March 2023 and 15th August 2023 respectively are admitted as duly filed
- 2.No order for costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court at Kapsabet
- ELC Civil Case No 28 of 2021 (Formerly Eldoret ELC Civil Case No 43 of 2015)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
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 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 a superior court, for the doing of any act authorized or required by these Rules
A plausible and satisfactory explanation for the delay is the key that unlocks the court’s flow of discretionary favour.
it is evident that the delay in progressing the appeal was not occasioned by the applicant. I will therefore exercise discretion in his favour and admit the notice of appeal and record of appeal filed on 6th March 2023 and 15th August 2023 respectively as duly filed.
The application being undefended, I will make no order for costs.
Issues in the judgment
#Conflicting dates for the notice of appeal: filed 16th February 2023 per grounds, but the deeming prayer concerns a notice filed 6th March 2023.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rono v Sirtich (Suing as the Personal Representative of the Estate of the Late Michael Kiptum Sirtich)", Case Analysis (2026). Civil Appeal (Application) E057 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2054/eng@2026-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.