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ELCDismissed

Oyoo v Sijenyi & 2 others (Environment and Land Miscellaneous Application E084 of 2025) [2026] KEELC 1637 (KLR)

High Court of Kenya
11 March 2026
957 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to excuse a late appeal because the applicant's explanation for the delay turned out to be false — honesty is essential when asking for more time.

What this practically means

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Executive summary

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This is a ruling of the High Court at Kakamega (A. Nyukuri, J) delivered on 11th March 2026 on a Notice of Motion dated 1st December 2025 in which the applicant sought leave to file and serve his record of appeal and memorandum of appeal out of time, with costs to abide in the cause. The applicant alleged he was aggrieved by a ruling of Honourable Mathenge Stella Wanjiru of the subordinate court, and explained the delay by claiming his advocate had been involved in an accident, broke his hip joint, was hospitalised and lost contact with him, only learning of the outcome much later. The respondent opposed, producing proceedings showing that the advocate, Mr. Ojwang Agina, filed submissions on 2nd September 2025, appeared in court on 25th September 2025 at 11 am and had the ruling read out to him, and that no mention of hospitalisation was made to the court. The court framed a single issue: whether the applicant had demonstrated good and sufficient cause to justify extension of time. Applying Section 79G of the Civil Procedure Act and the criteria set out by the Supreme Court in Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others, the court held that the applicant was obliged to explain the delay to the court's satisfaction, found the applicant's account contradicted by the record, and concluded that the application was predicated on falsehoods. The motion was dismissed; in view of counsel's condition, the court made no order as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has demonstrated good and sufficient cause to justify extension of time to file and serve the record of appeal and memorandum of appeal out of time

Key legal issues

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Whether the applicant demonstrated good and sufficient cause to justify extension of time under Section 79G of the Civil Procedure Act

Holding

The application was dismissed because the applicant's explanation for the delay was false; his advocate was present in court when the ruling was delivered, so the delay of over two months remained unexplained

Reasoning

The court applied Section 79G of the Civil Procedure Act, which permits admission of an appeal out of time only where the appellant shows good and sufficient cause. Relying on the Salat criteria from the Supreme Court, the court held that the reason for the delay must be explained to the court's satisfaction. The proceedings showed that Mr. Ojwang Agina appeared on 25th September 2025 and the ruling was read out to him, contradicting the applicant's claim that the advocate was hospitalised and unaware of the outcome. As the application rested on falsehoods, the discretion to extend time was not exercised in the applicant's favour.

p. 3

Legal principles established

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  • An appeal from a subordinate court to the High Court must be filed within thirty days, unless the appellant satisfies the court of good and sufficient cause for not filing in time
  • Extension of time is an equitable remedy available to a deserving party at the court's discretion, and the applicant bears the burden of explaining the delay to the satisfaction of the court
  • An application for extension of time predicated on falsehoods fails

Court orders

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  1. 1.The Notice of Motion dated 1st December 2025 is dismissed
  2. 2.No order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
subordinate court
Jurisdiction invoked
Section 79G of the Civil Procedure Act (extension of time to appeal out of time)

Relief refused

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Leave to file and serve the record of appeal and memorandum of appeal out of time

The applicant predicated the application on falsehoods: his advocate was in fact present when the ruling was delivered, so no good and sufficient cause for the inordinate delay was demonstrated

p. 3

Costs

No order as to costs - "In view of the current state of counsel for the applicant, I make no order as to costs."

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Therefore, to obtain leave to appeal out of time the applicant is obligated to explain the reason for delay to the satisfaction of the court, as the discretion to extend time ought to be exercised judiciously.
p. 3Extension of time - burden on applicant
Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the court.
p. 2Nature of the remedy (as stated in Salat, reproduced by the court)
That being the position, and as the applicant has predicated his application on falsehoods, I find no merit in the application dated 1st December 2025 which I dismiss. In view of the current state of counsel for the applicant, I make no order as to costs.
p. 3Disposition - dismissal and costs

Issues in the judgment

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minor

The judgment's numbered paragraphs 1 and 2 appear empty in the text; the case title and case number are not stated anywhere in the judgment

minor

The ruling date of the subordinate court is inconsistently referenced; the applicant refers to a ruling on 25th September 2025 while the respondent refers to a ruling of 28th August 2025 and proceedings of 25th September 2025

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, "Oyoo v Sijenyi & 2 others (Environment and Land Miscellaneous Application E084 of 2025) [2026] KEELC 1637 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1637/eng@2026-03-11

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