Kimani v County Executive Member-Lands, Housing, Physical Planning and Urbanization & another (Environment and Land Petition 4 of 2019) [2026] KEELC 4601 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the delay of approximately eight months in seeking leave to appeal out of time was satisfactorily explained
The delay was inordinate and unexplained; the Applicants were aware of the judgment date, were served with a copy on 14th November 2023, yet filed the application months later without a draft Memorandum of Appeal
The court traced the delivery of judgment on 19th October 2023 after parties were notified, noted service of the judgment and demand letter on 14th November 2023, and found the Applicants took no steps for about seven to eight months. The only explanation offered was absence when judgment was delivered, which the court found insufficient against the Salat and Leo Sila Mutiso principles.
Whether the intended appeal was arguable
The Applicants did not attach a draft Memorandum of Appeal, so the court could not assess arguability of the intended appeal
The court noted the absence of a draft Memorandum of Appeal annexed to the application, which would have enabled it to assess whether the intended appeal was arguable. The Respondent had also argued that the Applicants never responded to the amended petition or filed submissions, so the decree was unopposed. Without material demonstrating arguability, the extension-of-time threshold was not met.
Legal principles established
#- Extension of time is an equitable, discretionary remedy, not a right; the applicant must lay a basis, explain the delay to the court's satisfaction, and show absence of prejudice and undue delay
- In deciding whether to extend time, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent
Court orders
#- 1.The application dated May 24, 2024 is dismissed with costs to the Respondent
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act Cap 9 and Rule 61 of the Court of Appeal Rules (extension of time to file Notice of Appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimani v County Executive Member-Lands, Housing, Physical Planning and Urbanization & another (Environment and Land Petition 4 of 2019) [2026] KEELC 4601 (KLR)", Case Analysis (2026). Not stated in the judgment (Petition dated 23rd October 2019, amended 28th January 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4601/eng@2026-07-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.