Kenya National Highway Authority v Cycad Properties Limited & 33 others
The bottom line
#Supreme Court denies KURA more time due to unexplained 14-month delay.
What this practically means
#Kenya Urban Roads Authority asked the Supreme Court for extra time to file an appeal. The Court refused because the authority waited 14 months without a good reason. The Court noted that the authority did not provide a certificate from the Court of Appeal to show it was trying to get records. A fee dispute and COVID-19 were not enough excuses. 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 the applicant has laid a satisfactory basis to warrant an extension of time for it to file the intended Appeal
Key legal issues
#Whether the applicant laid a satisfactory basis for extension of time to file the appeal
The applicant failed to satisfactorily explain the 14-month delay in filing the Record of Appeal, and the reasons given (procurement requirements, fee dispute with advocate, delay in obtaining typed proceedings, and Covid-19 pandemic) did not provide a sufficient basis for the Court to exercise its discretion in the applicant's favour.
The Court applied the principles from Nicholas Kiptoo Arap Korir Salat v Independent Electoral & Boundaries Commission & 7 others [2014] eKLR, Aviation & Allied Workers Union Kenya v Kenya Airways Ltd & 3 others, SC Appl. 50 of 2014, and Hassan Nyanje Charo v Katiba Mwashetani & 3 others; SC Application No. 23 of 2014, [2014] eKLR. The Court found that the applicant's explanations for the 14-month delay were insufficient, noting that the applicant had not attached a Certificate of Delay from the Court of Appeal to demonstrate due diligence in obtaining typed proceedings, and that the alleged procurement process and fee dispute did not justify the delay. The Court concluded that the application was for dismissal.
Legal principles established
#- An applicant for extension of time must explain any inordinate delay satisfactorily.
- Failure to attach a Certificate of Delay shows lack of due diligence in obtaining court records.
- Procurement requirements and fee disputes with an advocate do not justify a 14-month delay.
- The COVID-19 pandemic alone is not sufficient to excuse a delay that occurred before the pandemic.
- The court’s discretion to extend time is exercised only when a reasonable explanation is given.
Court orders
#- 1.The Notice of Motion Application dated 17th September 2020, and lodged on 21st September 2020, is hereby dismissed
- 2.The costs of this application shall be borne by the applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Civil Appeal No. 156 of 2013 consolidated with Civil Appeal No. 160 of 2013
- Jurisdiction invoked
- Article 156(2) of the Constitution, Sections 14 of the Supreme Court Act 2011, and Rules 3(2)(4)&(5), 15(2) and 65 of the Supreme Court Rules, 2020
Relief refused
#extension of time to file a Petition and Record of Appeal
the applicant has not satisfactorily explained the inordinate delay in filing the Record of Appeal
Costs
The costs of this application shall be borne by the applicant
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 applicant has not satisfactorily explained the inordinate delay in filing the Record of Appeal
The Notice of Motion Application dated 17th September 2020, and lodged on 21st September 2020, is hereby dismissed
The costs of this application shall be borne by the applicant
Key timeline
#Practical implications
#Document delay carefully
When seeking extension of time, always attach a Certificate of Delay from the lower court to prove you acted diligently. Also, fully explain any delay—especially if it is months long—and avoid relying on vague excuses like fee disputes or procurement red tape, as the court expects a concrete, chronological account.
Respect court deadlines
If you lose a case, do not assume you can get more time just by asking. The court expects you to move quickly and provide solid reasons for any delay. This ruling shows that even a government agency like KURA cannot rely on internal procurement issues or the pandemic as a blanket excuse for a 14-month gap.
Act promptly after judgment
If you plan to appeal, do not wait. Gather your court records right away. If you are delayed, you must prove you were actively trying to get the documents. This case shows that courts in Kenya take unexplained delays seriously, especially when they last more than a year.
Frequently asked questions
#What is an extension of time application in Kenya?+
It is a request to a court for more time to file an appeal or other documents after the legal deadline has passed. The court will only grant it if you show a good reason for the delay.
Why was KURA’s extension of time application dismissed in Kenya?+
The Supreme Court found that KURA did not satisfactorily explain why it waited 14 months to file its appeal. The excuses—procurement issues, a fee dispute, and COVID-19—were not enough, and KURA did not provide a certificate proving it had tried to get court records.
What is a Certificate of Delay in Kenyan courts?+
It is an official document from a court registry confirming that there was a delay in providing typed proceedings. Filing this certificate helps show that the delay was not your fault and that you acted diligently.
What are the principles for extension of time in Kenya?+
Courts require you to explain the length and cause of the delay, show that you acted diligently, and prove that the delay was not intentional. You must also demonstrate that the intended appeal has merit and that the extension will not prejudice the other party.
Cite this brief
#Cite this brief
Caselaw, "Kenya National Highway Authority v Cycad Properties Limited & 33 others", Case Analysis (2021). Application 26 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2021/69/eng@2021-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.