Emikala v Board of Trustees Church of God in East Africa Kenya (Mwihila Mission) (Environment and Land Miscellaneous Application E031 of 2025) [2026] KEELC 1714 (KLR)
The bottom line
#The High Court in Kakamega refused to extend time to appeal because the applicant waited seven months and blamed their advocate without proof.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant was entitled to extension of time to file an appeal out of time under Section 79G of the Civil Procedure Act
The application was dismissed; the 7-month delay was inordinate and the explanation (that the advocate failed to file the appeal) was unsupported by evidence and not excusable
The court applied Section 79G, which requires an appeal from a subordinate court to be filed within 30 days, extendable on good and sufficient cause. Relying on the Salat decision, it held that the burden lies on the applicant to lay a basis for extension and explain the delay to the court's satisfaction. The ruling was delivered on 24th September 2024 but the application was filed on 26th April 2025, a 7-month delay. No evidence showed instructions to appeal had been given, and the applicant should not have taken 7 months to discover the omission given the 30-day filing window.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, and the applicant bears the burden of explaining the delay to the court's satisfaction
- To obtain leave to appeal out of time, the applicant must explain the reason for delay to the satisfaction of the court
Court orders
#- 1.The Notice of Motion dated 22nd April 2025 dismissed
- 2.Costs to the respondent
- On appeal from
- Butere SPMC (Senior Principal Magistrates' Court)
- Butere SPMC ELC No. E006 of 2024
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Emikala v Board of Trustees Church of God in East Africa Kenya (Mwihila Mission) (Environment and Land Miscellaneous Application E031 of 2025) [2026] KEELC 1714 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1714/eng@2026-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.