Kenya Hotel Properties Limited v Attorney General & 5 others
The bottom line
#Supreme Court grants extension to file appeal record but strikes out irregularly filed document.
What this practically means
#Kenya Hotel Properties wanted to add more documents to its Supreme Court appeal but was late. The Court granted extra time because the delay was reasonable—the company was waiting for certified proceedings from the Court of Appeal. However, the documents already filed were thrown out because they were submitted late without permission and violated the rule requiring both printed and electronic copies. The company now has 14 days to file a fresh, properly compliant supplementary record.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this Court should grant an extension of time for the applicant to file a Supplementary Record of Appeal?
- 2.If so, should the Court deem the filed Supplementary Record as properly filed?
Key legal issues
#Whether the Court should grant an extension of time to file a Supplementary Record of Appeal.
The Court granted the extension of time, finding that the applicant provided a plausible and reasonable explanation for the delay, the delay was not inordinate, and the documents were not prejudicial to the respondents.
The Court considered its discretion under Rule 15(2) of the Supreme Court Rules, 2020, and applied the principles from the Nick Salat Case and Hassan Nyanje Charo case. The applicant explained that the delay was due to the Court of Appeal's delay in supplying certified proceedings and order, and the Supplementary Record was filed within five days of receipt. The Court was satisfied that the explanation was reasonable and the delay was not inordinate.
Whether the Supplementary Record filed out of time should be deemed as properly filed.
The Court refused to deem the Supplementary Record as properly filed because it was filed out of time without leave and did not comply with the filing procedures under Rule 12(1) of the Supreme Court Rules, 2020.
The Court followed its precedent in the Nick Salat Case and County Executive of Kisumu case, holding that an appeal filed out of time without leave is irregular. Additionally, the Supplementary Record was electronically filed but did not comply with Rule 12(1), which requires both printed and electronic forms. Therefore, the record was struck out and expunged, but the applicant was given 14 days to file a fresh Supplementary Record.
Legal principles established
#- An appeal filed out of time without leave of the Supreme Court is irregular and cannot be validated by novel principles.
- Filing under the Supreme Court Rules, 2020 is complete only when a party submits both printed and electronic forms.
- The Court may grant an extension of time if the applicant provides a plausible and reasonable explanation for the delay and the delay is not inordinate.
- Documents filed out of time without leave will be struck out and expunged from the court record.
- The Court has discretion under Rule 15(2) of the Supreme Court Rules, 2020 to extend time for filing.
Court orders
#- 1.The Notice of Motion dated 17th February 2021 and filed on 18th February 2021 is hereby allowed.
- 2.The applicant shall file and serve its Supplementary Record within the next 14 days from the date of this Ruling.
- 3.The purported Supplementary Record dated 8th February 2021 and filed electronically on 9th February 2021 in Petition No. 16 of 2020, is hereby struck out and expunged from the Court’s Record.
- 4.The costs of this application shall abide the cause.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal at Nairobi
- Civil Appeal No. 404 of 2018
- Jurisdiction invoked
- Rules 3(5) and 15 of the Supreme Court Rules, 2020
Relief refused
#Deeming the Supplementary Record dated 8th February 2021 as duly and properly filed
The Supplementary Record was filed out of time without leave and did not comply with Rule 12(1) of the Supreme Court Rules, 2020.
Costs
The costs of this application shall abide the cause.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Notice of Motion dated 17th February 2021 and filed on 18th February 2021 is hereby allowed.
The applicant shall file and serve its Supplementary Record within the next 14 days from the date of this Ruling.
The purported Supplementary Record dated 8th February 2021 and filed electronically on 9th February 2021 in Petition No. 16 of 2020, is hereby struck out and expunged from the Court’s Record.
The costs of this application shall abide the cause.
we are satisfied that the applicant has provided a plausible and reasonable explanation for the delay in filing the Supplementary Record.
this Court found that an appeal filed out of time without leave of this Court is irregular and this Court will not invoke ‘novel’ principles so as to validate such a petition and deem it properly filed.
Key timeline
#Practical implications
#Strict compliance with filing rules
Ensure you obtain leave before filing any document out of time. Also, follow Rule 12(1) of the Supreme Court Rules, 2020 by submitting both printed and electronic copies. Failure to do so results in the document being struck out and expunged, even if the Court later grants an extension.
Adhere to court deadlines and procedures
If your company is involved in a Supreme Court appeal, strictly follow filing deadlines and procedures. Do not assume that a late filing will be accepted just because you have a good reason. You must first seek leave. Also, submit both printed and electronic copies as required or risk having your documents thrown out.
Follow proper process for late filings
If you need to file documents late in a Supreme Court case, you must apply for an extension of time before filing. Explain the delay clearly and reasonably. Also, remember to file both printed and electronic copies. The Court may grant extra time, but it will not automatically accept documents already filed without permission.
Frequently asked questions
#What is the procedure for filing a supplementary record in Kenya Supreme Court?+
A supplementary record must be filed within the time allowed by the court. If you need more time, you must apply for an extension before filing. Under Rule 12(1) of the Supreme Court Rules, 2020, filing is complete only when you submit both printed and electronic copies.
Can I file a supplementary record late in Kenya without permission?+
No. Filing a supplementary record out of time without leave of the Supreme Court is irregular. The Court will not validate such a filing. You must first obtain an extension of time. If you file without permission, the document may be struck out and expunged from the record.
What happens if I file documents out of time in Kenya Supreme Court?+
The Court will treat the filing as irregular. It will not be deemed properly filed unless you apply for and obtain an extension of time. The Court may strike out the documents and expunge them. However, it may also grant you a fresh deadline to file properly.
Why does the Supreme Court of Kenya require both printed and electronic copies?+
The Supreme Court Rules, 2020 require both printed and electronic forms for filing to be complete. This ensures that the court has a physical record and an accessible digital version. Failure to submit both means the filing is not considered properly done.
Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kamuthi Farmers Cooperative Society Ltd v Nairobi City Council[2025] KESC 28 (KLR)16 May 2025
- Twaweza Apparel (EPZ) Limited v Okoth & another (Appeal E012 of 2023) [2025] KEELRC 198 (KLR)[2025] KEELRC 198 (KLR)30 Jan 2025applied
Cite this brief
#Cite this brief
Caselaw, "Kenya Hotel Properties Limited v Attorney General & 5 others", Case Analysis (2021). Civil Application 2 (E004 of 2021) of 2021. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/49/eng@2021-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.