Mbaabu (Suing as the Legal Representative of the Estate of Amos Ndereba Mburugu – Deceased) v M’murithi (Environment and Land Appeal E007 of 2024) [2024] KEELC 4478 (KLR)
The bottom line
#A Kenyan court refused to extend time to appeal because the litigant blamed her former lawyer without proving she followed up or provided the necessary support.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was shown for the delay of over eight months in filing the appeal
The explanation was wanting; the applicant did not demonstrate facilitation of her former advocates or diligent follow-up, and did not own the mistake
The court applied the Salat and Mutiso criteria on extension of time and the Supreme Court's guidance in the County Executive of Kisumu case. The applicant solely blamed her former advocates but did not state when instructions were given, when facilitation was made, or what follow-ups occurred. No follow-up letters or draft memorandum were availed, and the delay exceeded eight months.
Whether blame on former advocates is a sufficient reason for extension of time
No; a case belongs to the party, not the lawyers, and a party has an equal obligation to be diligent
Relying on Savings and Loans Ltd v Susan Wanjiru Muritu and Mbugi v Matundio, the court held that a party must pursue prosecution of its case and constantly check with the advocate on progress. It is not every infraction that a party may blame on an advocate; parties must be vigilant to ensure the cogs of justice do not grind to a halt.
Legal principles established
#- Section 79G of the Civil Procedure Act confers discretion to admit an appeal out of time where sufficient cause is shown; the court considers the length of and reasons for delay, prejudice, chances of success, public interest and the interest of justice
- Responsibility for expeditious disposal of suits is shared between parties and their advocates; a party cannot blame every infraction on an advocate
- A litigant blaming delay on former lawyers must show that he or she facilitated the advocates to execute the instructions
Court orders
#- 1.The application for extension of time to file an appeal out of time is dismissed with costs
- On appeal from
- Lower court (magistrates' court)
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbaabu (Suing as the Legal Representative of the Estate of Amos Ndereba Mburugu – Deceased) v M’murithi (Environment and Land Appeal E007 of 2024) [2024] KEELC 4478 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4478/eng@2024-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.