Kenya National Capital Corporation Ltd v Galot & 5 others
The bottom line
#Supreme Court rejected appeal extension because applicant gave weak, unproven excuses for delay.
What this practically means
#Kenya National Capital Corporation missed a 14-day deadline to appeal a Court of Appeal ruling. It asked the Supreme Court for more time, blaming internal meetings and power cuts from road construction. The Court said those excuses were not backed by evidence and noted a one-page notice could have been typed elsewhere. The application was dismissed with costs.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this Court should extend time for the Applicant to file its notice of appeal?
Key legal issues
#Whether the Supreme Court should extend time for the applicant to file a notice of appeal against a Court of Appeal judgment.
The Court declined to extend time because the applicant failed to provide sufficient and substantiated reasons for the delay.
The applicant had 14 days from the Court of Appeal judgment (8th February 2019) to file a notice of appeal, expiring on 22nd February 2019. The applicant cited two reasons for the delay: internal consultations and board approvals, and power disruptions due to road construction. The Court found that neither reason was substantiated by any annexed correspondence or evidence. The Court noted that a diligent applicant could have typed the one-page notice elsewhere and filed it. Applying the Nick Salat principles, the Court held that the applicant did not satisfactorily explain the inordinate delay.
Legal principles established
#- Extension of time is not a right but an equitable remedy at the court's discretion.
- The applicant must fully explain the entire period of delay with supporting evidence.
- Unsubstantiated reasons like internal consultations or power outages are insufficient.
- A diligent party can make alternative arrangements, such as using another location to file.
- The burden of proof lies on the applicant to show reasonable cause for the delay.
Court orders
#- 1.The Notice of Motion dated March 7, 2019 be and is hereby disallowed.
- 2.The Applicant shall bear the costs of the Respondents.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal at Nairobi
- Nairobi Civil Appeal No. 324 of 2010
- Jurisdiction invoked
- Article 163(4)(b) of the Constitution
Relief refused
#Extension of time to file a Notice of Appeal against the Court of Appeal judgment
The applicant did not satisfactorily explain the inordinate delay; the reasons given were unsubstantiated.
Extension of time to file an application for certification of a matter of general public importance before the Court of Appeal
The entire application was disallowed; the first prayer having been disallowed, the court was inclined to disallow the application in entirety.
Costs
The Applicant shall bear the costs of the Respondents.
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 March 7, 2019 be and is hereby disallowed.
extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party, at the discretion of the Court
Consequently, it is our finding that the applicant has not satisfactorily explained the inordinate delay as decided by this Court in the case of County Executive of Kisumu v County Government of Kisumu & 8 others
Key timeline
#Practical implications
#Draft extension applications with evidence
When filing for extension of time, attach supporting documents like board minutes, correspondence, or power outage reports. The court will not accept bare allegations. Also, consider alternative filing methods (e.g., courier or other advocates) to show diligence.
Internal delays don't excuse missed deadlines
Avoid relying on vague excuses for appeal delays
Missing a court deadline is risky. If you face obstacles like power cuts or travel issues, document them and try to file anyway (e.g., at a different location). The court expects you to find a way, not just wait.
Frequently asked questions
#What is the deadline to file a notice of appeal to the Supreme Court in Kenya?+
You have 14 days from the date of the Court of Appeal judgment to file a notice of appeal. If you miss it, you can apply for extension of time, but you must explain the delay with evidence.
How do I apply for extension of time in the Supreme Court of Kenya?+
File a notice of motion explaining why you missed the deadline. Attach supporting documents (e.g., letters, power outage reports) and show you acted diligently. The court decides based on the Salat principles.
Can a power outage excuse missing a court appeal deadline in Kenya?+
Possibly, but only if you prove it prevented you from filing and you had no alternative means (e.g., typing elsewhere). In Galot case, the court rejected that excuse because the notice was only one page and could have been done elsewhere.
What happens if my extension of time application is denied in Kenya?+
You lose the right to appeal. The original court decision stands. You may also be ordered to pay the other side's costs. Always seek legal advice promptly after a judgment.
Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- University of Nairobi v Orodo (Civil Application E533 of 2025) [2025] KECA 1813 (KLR)[2025] KECA 1813 (KLR)7 Nov 2025applied
Cite this brief
#Cite this brief
Caselaw, "Kenya National Capital Corporation Ltd v Galot & 5 others", Case Analysis (2019). Civil Application 8 of 2019. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2019/82/eng@2019-11-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.