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)
The bottom line
#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
#Executive summary
#Key legal issues
#Entitlement to a certificate of delay
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
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.
Burden of proof on the applicant
The applicant bore the burden of proving the dates of request, payment and supply of proceedings, which was not discharged
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.
Legal principles established
#- 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
#- 1.The Deputy Registrar is directed to issue the certificate of delay for the period attributable to the court
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.