Hassan & another v Kamau (Miscellaneous Application E033 of 2024) [2025] KEELC 7448 (KLR)
The bottom line
#The High Court let the applicants appeal late but refused to stay the dismissal order because a negative order cannot be stayed.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal out of time should be granted
Leave granted; the delay of slightly over a month was explained by the late supply of proceedings and ruling, and no prejudice was demonstrated by the Respondent
The court applied the Salat principles: the applicant must explain the delay and show it was brought without undue delay. The ruling was delivered on 7th May 2024 and the appeal filed on 18th June 2024. The Applicants applied for the ruling and proceedings on 14th May 2024 but received them only on 10th June 2024, after time had lapsed. The Respondent did not demonstrate any prejudice.
Whether a stay of execution should be granted under Order 42 Rule 6(2)
Stay refused; the order sought to be stayed was a negative order incapable of execution and substantial loss was not demonstrated
Order 42 Rule 6(2) requires demonstration of substantial loss, application without unreasonable delay, and security. The Applicants did not demonstrate substantial loss; their complaint was that the trial magistrate granted unprayed orders. The order dismissing their review application was a negative order mandating no action and thus not capable of being stayed.
Legal principles established
#- Extension of time is an equitable remedy available to a deserving party at the discretion of the court, and the applicant must explain the delay and show no prejudice to the respondent
- A negative order, such as dismissal of an application which mandates no specific action, is incapable of being stayed
Court orders
#- 1.The Applicants are granted leave to appeal out of time
- 2.The prayer for stay of execution is declined
- 3.The Record of appeal shall be filed within 30 days
- Jurisdiction invoked
- Inherent jurisdiction to extend time and Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hassan & another v Kamau (Miscellaneous Application E033 of 2024) [2025] KEELC 7448 (KLR)", Case Analysis (2025). Misc Application No E033 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7448/eng@2025-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.