Othieno v Ogembo & 3 others (Environment and Land Miscellaneous Application E009 of 2026) [2026] KEELC 4246 (KLR)
The bottom line
#A Kenyan High Court allowed a six-month late appeal because personal hardship explained the delay, giving the applicant 14 days to file.
What this practically means
#Executive summary
#Key legal issues
#Sufficient reason for extension of time under section 79G Civil Procedure Act
The reasons proffered - the adverse outcome disorienting the applicant, fear for his life forcing relocation, impecuniosity and delay in availing proceedings - constituted sufficient reason.
The court accepted counsel's invocation of the section 79G criteria, guided by the Salat v IEBC decision cited by the applicant. The applicant explained the roughly six-month delay by the traumatic judgment outcome, flight from home for fear of his life, lack of means, and the slow provision of proceedings. On those facts the court found sufficient reason to exercise discretion in favour of the right of appeal.
Inordinate delay and arguability of the intended appeal
A delay of about six months was not inordinate on the facts, and the appeal was arguable.
The court held that each case is decided on its own facts, so the six-month delay was not inordinate. On arguability, it adopted the settled standard that an arguable appeal need not succeed but need only raise grounds that are arguable before the appellate court. Both limbs favoured exercising discretion in favour of the right of appeal.
Legal principles established
#- An arguable appeal need not be one that will succeed; it is enough that it raises grounds that are arguable before the appellate court.
- Delay is assessed on the facts of each case; a delay of about six months was not inordinate in the circumstances.
Court orders
#- 1.Notice of motion application dated 27/2/2026 allowed and time enlarged
- 2.The Memorandum of appeal shall be filed within 14 days of today's date
- 3.In default of order 1 the leave shall automatically lapse on the 15th day
- 4.There shall be no orders as to costs
- On appeal from
- Trial Court (not further identified in the ruling)
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (extension of time to appeal out of the 30-day period)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Othieno v Ogembo & 3 others (Environment and Land Miscellaneous Application E009 of 2026) [2026] KEELC 4246 (KLR)", Case Analysis (2026). Not stated in the judgment (Notice of Motion dated 27/2/2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4246/eng@2026-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.