Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedELCA NO. E003 OF 2022· [2026] KEELC 4875 (KLR)

Abdalla alias Billy & 2 others v Zakaria & 3 others (Environment and Land Appeal 3 of 2022) [2026] KEELC 4875 (KLR)

High Court of Kenya
22 July 2026
EME. K. Makori
886 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's High Court confirmed that when counting a 30-day deadline, the day the triggering event happens is excluded, so an appeal filed on the last day was valid.

What this practically means

#

Executive summary

#
This was a ruling by E. K. Makori J of the High Court at Nyeri on a Notice of Motion dated April 7, 2026, in which the applicant/1st respondent sought a declaration that the appeal stood dismissed under a court order of 21 July 2025, expungement of the Memorandum of Appeal dated January 19, 2022 and the record of appeal submitted on August 21, 2025, and costs. The application was supported by the affidavit of Susan Wanjiru Macharia and opposed by the appellant. The applicant argued that Mugo J's order of 21 July 2025 gave the appellant a final 30 days to lodge the record of appeal, failing which the appeal would be automatically struck out; since the record was stamped on 21 August 2025, the deadline had passed, the self-executing order had taken effect, and the court lacked jurisdiction. The appellant countered that the day of the event (21 July 2025) is excluded in computing time, so time ran from 22 July 2025 and the record, uploaded within the window per the Judiciary Case Tracking System, was timely. The court applied Order 50 Rule 8 of the Civil Procedure Rules, 2010 and Section 57(a) of the Interpretation and General Provisions Act, together with Mwangi v Maina as approved in Auma v Ndisya, and held that the 30 days lapsed on 22 August 2025, within which the appellant had complied. The application was dismissed, with costs to abide the outcome of the appeal.

Key legal issues

#
01

Whether the 30-day window to file the record of appeal lapsed on 21 or 22 August 2025

Holding

The event occurred on 21 July 2025; that date is excluded, time began on 22 July 2025, and the 30 days lapsed on 22 August 2025, within which the appellant complied

Reasoning

Order 50 Rule 8 of the Civil Procedure Rules, 2010 directs that days be reckoned exclusively of the first day and inclusively of the last. Section 57(a) of the Interpretation and General Provisions Act deems a period of days from an event to be exclusive of the day the event happens. The decision in Mwangi v Maina, cited with approval in Auma v Ndisya, confirms exclusion of the event date. Applying the literal interpretation, 21 July 2025 is excluded; the period ran to 22 August 2025 and the record was filed in time.

p. 5

Legal principles established

#
  • Where a period of days is prescribed, the day on which the event occurs is excluded and the period is reckoned exclusively of the first day and inclusively of the last day

Court orders

#
  1. 1.The Notice of Motion dated April 7, 2026 is dismissed
  2. 2.Costs to abide by the outcome of the appeal
Jurisdiction invoked
Not expressly stated; application arising in an appeal before the High Court (ELCA No. E003 of 2022)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Abdalla alias Billy & 2 others v Zakaria & 3 others (Environment and Land Appeal 3 of 2022) [2026] KEELC 4875 (KLR)", Case Analysis (2026). ELCA NO. E003 OF 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4875/eng@2026-07-22

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