Washe v Kilifi Plantations Limited (Appeal E016 of 2024) [2025] KEELRC 626 (KLR)
The bottom line
#A Kenyan appeal filed nearly six months late, without the court's permission, was thrown out because no one first applied for leave to appeal out of time.
What this practically means
#Executive summary
#Key legal issues
#Whether the court had jurisdiction to hear an appeal filed outside the statutory period without leave
The appeal, lodged five and two-thirds months after the ruling of 7th November 2023, was out of time and no leave for extension was sought or granted; the court therefore lacked jurisdiction and dismissed the appeal
The court noted that the impugned ruling was delivered on 7th November 2023 and the memorandum of appeal was dated 29th April 2024, roughly five and two-thirds months later, which is outside the statutory period for filing an appeal. A review of the record of appeal disclosed no grant of leave to file the appeal out of time. Without such leave, the court could not assume jurisdiction over the appeal, and the only proper order was dismissal with costs.
Role of a first appellate court
The court restated that a first appellate court must re-evaluate the evidence and material before the trial court and draw its own conclusions, citing Selle v Associated Motor Boat Co.
Before the court could reach the merits raised in the grounds of appeal, it restated the settled principles governing first appeals: the appellate court reconsiders the evidence, evaluates it and draws its own conclusions, while making allowance for the fact that it neither saw nor heard the witnesses, and is not bound by trial court findings of fact where they fail to account for material circumstances or probabilities.
Legal principles established
#- A first appellate court must subject the evidence and material before the trial court to fresh scrutiny and come to its own independent findings and conclusions
- An appeal filed out of time without leave of the court cannot be entertained for want of jurisdiction
Court orders
#- 1.The appeal is dismissed with costs
- On appeal from
- Principal Magistrate's Court (trial court in CMMCC No. 340 of 2018)
- CMMCC No. 340 of 2018
- Jurisdiction invoked
- First appellate jurisdiction over an appeal from the magistrates' court; appeal filed outside the statutory period without leave
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Washe v Kilifi Plantations Limited (Appeal E016 of 2024) [2025] KEELRC 626 (KLR)", Case Analysis (2025). Not stated in the judgment (Memorandum of Appeal dated 29th April 2024; Lower Court cause CMMCC No. 340 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/626/eng@2025-03-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.