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ELCPartially AllowedApplication dated 18/9/2025 (arising from a petition dismissed by ruling dated 5/3/2025)· [2025] KEELC 8627 (KLR)

Mwangale (As the administratrix of the Estate of the Late Andrew Salai Mwangale) v Attorney General (Environment and Land Petition 3'B' of 2023) [2025] KEELC 8627 (KLR)

Environment and Land Court
10 December 2025
1,007 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court will only certify the delay caused by its own registry, so parties must document every step chasing typed proceedings.

What this practically means

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Executive summary

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This was an application dated 18/9/2025 by Allan George Njogu, seeking to compel the Deputy Registrar to issue a certificate of delay computed from 11/3/2025. The applicant had filed a notice of appeal on the e-filing portal on 11/3/2025 following the dismissal of a petition by a ruling dated 5/3/2025. The applicant contended that the Deputy Registrar erroneously recorded the lodgement date as 4/4/2025, that typed proceedings were only certified ready on 7/8/2025, and that the resulting delay of some five months was occasioned by the registry, relying on the Court of Appeal Rules and several authorities. The respondent opposed, contending there was no proof of lodgement on 11/3/2025, that the notice of appeal was not served on time contrary to Rule 79, and that the request for typed proceedings was made out of time under Rule 84. The court, per C.K. Nzili J, held that a certificate of delay is a crucial document issued where delay is justified, and that delay in typing proceedings is attributable to the court rather than the party, but only where the party has exercised due diligence. The court found the record did not show when the applicant formally requested and paid for the proceedings - the Kshs.1,000/= receipt issued on 4/4/2025 - and that the applicant could not solely blame the registry for the period between 11/3/2025 and 7/8/2025. The application was allowed in part: the Deputy Registrar was directed to issue the certificate of delay for the period attributable to the court only.

Key legal issues

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01

Entitlement to a certificate of delay

Holding

A certificate of delay should issue, but only for the period attributable to the court, since the applicant did not prove due diligence for the whole period

Reasoning

The court accepted that delay in typing proceedings is a real systemic problem attributable to the court where a party has been diligent. However, the applicant failed to demonstrate when she formally requested, paid for and was informed of the readiness of the proceedings; payment of the Kshs.1,000/= for proceedings was only made on 4/4/2025. Lacking communication between the applicant and the registry was noted, but the applicant could not solely blame the registry for the entire five months. The certificate was therefore ordered only for the court-attributable period.

p. 3
02

Burden of proof on the applicant

Holding

The applicant bore the burden of proving the dates of request, payment and supply of proceedings, which was not discharged

Reasoning

The court found that the record and typed proceedings register did not show when the applicant formally requested and paid for the proceedings, and that other than payment of Kshs.450/= there was no evidence the Kshs.1,000/= was paid on 11/3/2025 - the receipt issued on 4/4/2025. Applying the maxim that he who alleges must prove, the court held the applicant could not solely apportion blame to the court registry for the period between 11/3/2025 and 7/8/2025.

p. 3

Legal principles established

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  • Delay in typing proceedings is attributable to the court, not the party, where an application for a certificate of delay is made, provided the party exercised due diligence
  • A party seeking a certificate of delay must show due diligence and that it was impeded by delays in the judiciary in obtaining proceedings on time
  • A party must make a formal request for typed proceedings and follow up, including visiting the registry to collect them
  • He who alleges must prove

Court orders

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  1. 1.The Deputy Registrar is directed to issue the certificate of delay for the period attributable to the court

Authorities

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Legislation

  • Court of Appeal RulesRule 79
  • Court of Appeal RulesRule 84
  • Court of Appeal RulesSection 84(1)
  • Constitution of KenyaArticle 159(2)(b)

Cases cited (5)

  • Abok James Odera T/A A.J Odera & Associates v John Patrick Machira T/A Machira & Co. Advocates
    [2013] eKLR
  • Joreth Ltd v Kigano & Associates
    [2002] 1 EA 92
  • Kilonzo (Suing as the Administrator and Personal Representative of the Estate of Caroline Mwende Maithya - Deceased) v Wambua
    [2025] KEHC 13815 (KLR)
  • Apa Insurance Limited v Michael Kinyanjui Muturi
    [2016] eKLR
  • Hassan Nyanje Charo v Khatib Mwashetani and others
    [2014] eKLR
Jurisdiction invoked
Inherent supervisory direction over the registry within the ELC Kitale; application to compel the Deputy Registrar to issue a certificate of delay under the Court of Appeal Rules (Section 84(1) invoked by the applicant)

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, "Mwangale (As the administratrix of the Estate of the Late Andrew Salai Mwangale) v Attorney General (Environment and Land Petition 3'B' of 2023) [2025] KEELC 8627 (KLR)", Case Analysis (2025). Application dated 18/9/2025 (arising from a petition dismissed by ruling dated 5/3/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8627/eng@2025-12-10

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