Board of Management Friends School Kimugui v Kisika (Miscellaneous Application E003 of 2025) [2025] KEELRC 2998 (KLR)

The uncontroverted evidence was that the applicant was not notified of the judgment date and only learnt of it when served with a notice of proclamation on 7th February 2025, by which time the 30-day period had expired. The delay was therefore not attributable to the applicant, and the application filed on 17th February 2025 was within reasonable time. The court noted the absence of the judgment and draft memorandum of appeal but held the omission not fatal, and applied the Salat principles on extension of time in the interest of justice.

The court found the application was made without unreasonable delay. On substantial loss, it held that where a decree-holder may be incapable of refunding the decretal sum if the appeal succeeds, that points to substantial loss. Counsel's submissions that the respondent could not refund and that the applicant was willing to offer security, though not on oath, were noted. As a public school financed by parents and taxpayers, the applicant was allowed the chance to appeal in the interest of justice, with security by way of deposit into court.

The respondent argued a similar application was pending before the High Court at Bungoma. The applicant countered that it was withdrawn before the respondent filed a reply, and the respondent did not dispute that. The court therefore held there was no other pending application over the same subject matter and proceeded to determine the motion on its merits.