Pertet v Wambua (Environment and Land Appeal E040 of 2022) [2025] KEELC 3736 (KLR)
The bottom line
#A Kenyan court refused to extend time for an appeal, ruling that a two-month delay and poor follow-up by the litigant were inexcusable.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal out of time should be granted
Refused; the delay of about two months was inordinate and inexcusable and the Notice of Appeal was lodged in the wrong court
The judgment was delivered on 11th July 2024 and the application dated 11th September 2024 exceeded the 14-day window under Rule 77(2) of the Court of Appeal Rules. The court applied the Utalii Transport and Paul Musili tests on inordinate delay and extension of time, and noted the Notice of Appeal was addressed to the Deputy Registrar, High Court Machakos, the wrong forum.
Whether the intended appeal is arguable
Not demonstrated; the Respondent neglected to participate in the appeal below
The record showed the Respondent and his counsel failed to appear on multiple dates and filed no submissions before the appeal was reserved for judgment. Applying Stanley Kang'ethe Kinyanjui v Tony Ketter, the court held the intended appeal was not shown to be arguable, undermining the extension-of-time and stay prayers.
Legal principles established
#- In deciding whether to extend time, the court considers the length of and reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent
- A party cannot simply blame their advocate; parties must show interest and follow up their case
- An appeal is arguable if a single bona fide arguable ground is raised; it need not necessarily succeed
Court orders
#- 1.The Notice of Motion dated 11th September 2024 is dismissed
- 2.Costs of the application to the Appellant
- On appeal from
- Chief Magistrate's Court (SPM's Court)
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules 2010 and Sections 1A, 1B, 3, 3A and 3B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Pertet v Wambua (Environment and Land Appeal E040 of 2022) [2025] KEELC 3736 (KLR)", Case Analysis (2025). ELC Appeal No. E040 of 2022 (Notice of Motion dated 11th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3736/eng@2025-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.