Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan (Miscellaneous Application E202 of 2022) [2025] KEELC 7281 (KLR)
The bottom line
#The High Court struck out a Notice of Appeal filed without prior leave, confirming that filing first and seeking permission later will not save an appeal in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to grant leave to appeal under Rule 11(3) of the Advocates Remuneration Order
The High Court has jurisdiction to grant leave to appeal from a decision on a Reference
Rule 11(3) of the Advocates Remuneration Order provides that a person aggrieved by a judge's decision on a Reference may, with the leave of the judge but not otherwise, appeal to the Court of Appeal. The court held that this confers statutory authority on it to grant leave, and relied on Boit v Kumin on the statutory nature of appeal rights.
Validity of a Notice of Appeal filed without leave
A Notice of Appeal filed without the requisite leave is a nullity, void ab initio, and cannot be deemed duly filed
Following the Supreme Court in Salat v IEBC and County Executive of Kisumu, the court held that where leave is a precondition, filing an appeal first and seeking validation later is asking the court to remedy an illegality. The Notice of Appeal dated 16/12/2024, filed without leave, was therefore struck out.
Stay of proceedings pending appeal
Stay of proceedings pending appeal cannot issue where there is no subsisting appeal
A stay of proceedings pending appeal presupposes a valid appeal in existence. Having found the Notice of Appeal a nullity and declined leave, the court held that the stay sought under Order 42 Rule 6(2) was superfluous, otiose, premature and misconceived, having been sought in isolation.
Legal principles established
#- An appeal that requires leave must not be commenced before leave is granted; a document so filed is a nullity and cannot be validated ex post facto
- The right to appeal is statutory and where an appeal does not lie as of right, leave is required
Court orders
#- 1.The Client's application dated 23/1/2025 is dismissed
- 2.The Advocate's application dated 17/1/2025 is allowed
- 3.The Notice of Appeal dated 16/12/2024 is struck out
- 4.The Advocate shall have costs of both Applications
- Jurisdiction invoked
- Rule 11(3) of the Advocates Remuneration Order, 2014; Sections 1A, 1B & 3A of the Civil Procedure Act; Order 51 Rule 14 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chaudhri & Associates v Registered Trustees of Sheikh Zayed Bin Sultan Al-Nahyan (Miscellaneous Application E202 of 2022) [2025] KEELC 7281 (KLR)", Case Analysis (2025). (Advocate's application dated 17/1/2025; Client's application dated 23/1/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7281/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.