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Court of AppealAllowedCivil Appeal (Application) E041 of 2026

Muna (Being the Administrator of the Estate of the Late Anne Wambui Muna) & 5 others v Boscardin & 7 others

Court of Appeal
2 October 2026
LNL.M. Ndolo
868 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed late filing of appeal documents where the delay was short, explained, and the documents were mandatory.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Eldoret (L.M. Ndolo, JA) on a notice of motion dated 24th April 2026 in which the applicants, appellants in an appeal against the judgment and decree of the Environment and Land Court at Kitale (C.K. Nzili, J) delivered on 21st January 2026 in Kitale ELCC No E027 of 2020, sought leave to file a supplementary record of appeal. The supplementary record was to contain the certified typed proceedings and a certificate of delay issued by the Environment and Land Court. The applicants explained that although they filed and served their record of appeal within the 60-day period under Rule 84 of the Court of Appeal Rules, the certified typed proceedings, which they had applied for on 2nd February 2026, had not been supplied to them in time. Those proceedings are mandatory documents under Rule 89(1)(d). By the time they were supplied, the 15-day period for filing a supplementary record without leave under Rule 90 had lapsed, hence the application for leave under Rule 94(3). The respondents, despite due service, did not respond, leaving the application unopposed. The applicants relied on the Court of Appeal decisions in Principal Secretary, Ministry of Defence & Another v Mbaka & Another and M’njara & Another v Muthoni. The judge noted that under Rule 90 the application ought first to have been made to the Deputy Registrar, but invoked the court's inherent jurisdiction to dispense with that requirement, finding the application straightforward. Holding that the documents sought to be introduced were mandatorily required, that the delay was fairly short and satisfactorily explained, and that no prejudice would be suffered, the court allowed the application and admitted the supplementary record of appeal as duly filed upon payment of the requisite court fees. As the application was undefended, no order for costs was made.

Questions the Court framed

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

  1. 1.Whether the applicants should be granted leave to file a supplementary record of appeal containing the certified typed proceedings and certificate of delay

Key legal issues

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01

Whether leave should be granted to file a supplementary record of appeal after the 15-day period under Rule 90 lapsed

Holding

Leave granted; the certified typed proceedings and certificate of delay are mandatory documents, the delay was short and explained, and no prejudice was shown.

Reasoning

The court found that the certified copy of typed proceedings is a primary document required under Rule 89(1)(d). The applicants applied for proceedings promptly, obtained them late through no fault of their own, and brought the application within days of receiving the documents. The respondents did not oppose and no prejudice was demonstrated. The court also invoked its inherent jurisdiction to dispense with the requirement that the application first be made to the Deputy Registrar.

p. 3

Legal principles established

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  • Where documents mandatorily required in a record of appeal are omitted and the 15-day period under Rule 90 has lapsed, the Court may, in the exercise of its discretion, grant leave to file a supplementary record of appeal where the delay is short and satisfactorily explained.

Court orders

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  1. 1.The application is allowed and the supplementary record of appeal, annexed to the application, is admitted as duly filed upon payment of the requisite court fees
  2. 2.No order for costs, the application being undefended

The bench

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

LN
majority

Wrote the judgment

On appeal from
Environment and Land Court at Kitale
Kitale ELCC No E027 of 2020
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal; Rule 90 of the Court of Appeal Rules (application for leave to file a supplementary record of appeal under Rule 94(3))

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 application is therefore allowed and the supplementary record of appeal, annexed to the application, is admitted as duly filed upon payment of the requisite court fees.
p. 3Final orders - admission of supplementary record of appeal
The documents the applicants seek to introduce are mandatorily required as part of the record of appeal, the delay is fairly short and it has been satisfactorily explained.
p. 3Discretion to grant leave under Rule 90/94(3)
However, because it is now before me and being a straightforward application, I will invoke the inherent jurisdiction of the Court and dispense with it.
p. 3Inherent jurisdiction to dispense with the requirement to apply to the Deputy Registrar
The application being undefended, I will make no order for costs.
p. 3Costs

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, "Muna (Being the Administrator of the Estate of the Late Anne Wambui Muna) & 5 others v Boscardin & 7 others", Case Analysis (2026). Civil Appeal (Application) E041 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2056/eng@2026-10-02

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