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Supreme CourtDismissedApplication 1 of 2014

Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others

Supreme Court of Kenya
17 December 2019
537 words in judgment
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The bottom line

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Court dismissed extension of time application because 27-day delay after receiving documents was not explained.

What this practically means

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The Supreme Court rejected a request for more time to challenge a costs ruling. The applicants blamed the court registry for a delay in giving them typed proceedings. But after getting those documents, they waited another 27 days to file their application. The judge said that extra delay had no reasonable explanation, so the application was dismissed with costs.

Executive summary

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This is a ruling by a single judge of the Supreme Court (Justice S. C. Wanjala) on an application for extension of time. The Applicants sought an extension of time to file a Reference against a Taxation Ruling and Orders of the Supreme Court Deputy Registrar dated 13th April 2018. The Applicants argued that the delay was caused by the Supreme Court Registry's delay in furnishing them with typed proceedings, which were only availed on 17th May 2018. However, the Court noted that even after receiving the typed proceedings, the Applicants took an additional 27 days to file the application for extension of time, explaining that this was the time needed to prepare the application. The Court found this explanation neither reasonable nor credible. The 1st and 2nd Respondents opposed the application, arguing that a copy of the Ruling and typed proceedings were not required to file a Reference on Taxation under Rule 49(1) of the Supreme Court Rules, and that the Applicants had not explained the 30-day delay after being furnished with the documents. The Court dismissed the application and ordered the Applicants to bear the costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicants have demonstrated sufficient reason for extension of time to file a Reference against the Taxation Ruling and Orders of the Supreme Court Deputy Registrar dated 13th April, 2018

Key legal issues

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01

Whether the Applicants provided sufficient reason for extension of time to file a Reference under Rule 49 of the Supreme Court Rules, 2012.

Holding

The Applicants failed to provide a reasonable and credible explanation for the 27-day delay after being furnished with the Ruling and typed proceedings.

Reasoning

The Applicants argued that the delay was caused by the Supreme Court Registry's delay in furnishing them with typed proceedings, which were availed on 17th May 2018. However, they then took an additional 27 days to file the application for extension of time, explaining that this was the time needed to prepare the application. The Court found this explanation neither reasonable nor credible, as the delay after receiving the documents was not justified.

Legal principles established

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  • An applicant must give a reasonable and credible explanation for the entire period of delay, not just part of it.
  • Delay after receiving necessary documents must be specifically justified; preparation time alone is not enough.
  • The court has discretion to deny extension if the explanation is neither reasonable nor credible.
  • Costs are awarded against the party whose application is dismissed for lack of merit.

Court orders

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  1. 1.The Application dated 12th June, 2018 and filed on even date is hereby dismissed.
  2. 2.The Applicants shall bear costs of the Application.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority

Wrote the judgment

On appeal from
Supreme Court of Kenya
Supreme Court Civil Application No. 1 of 2014
Jurisdiction invoked
Article 163 of the Constitution

Relief refused

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Extension of time to file a Reference against the Taxation Ruling and Orders of the Supreme Court Deputy Registrar dated 13th April, 2018

The Applicants' explanation for the 27-day delay after being furnished with the Ruling and typed proceedings was neither reasonable nor credible.

Costs

The Applicants shall bear costs of the Application.

Quotable passages

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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 Application dated 12th June, 2018 and filed on even date is hereby dismissed.
p. 3 Final orders dismissing the application for extension of time
The Applicants shall bear costs of the Application.
p. 3 Costs order
The Applicants contend that the 27-day delay is the time it took them, to prepare the application for extension of time. Such an explanation, in my view, is neither reasonable nor credible.
p. 3 Reason for dismissal of extension of time application

Key timeline

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2018-04-13
Supreme Court Deputy Registrar issued Taxation Ruling and Orders.
2018-05-17
Supreme Court Registry furnished applicants with typed proceedings and Ruling.
2018-06-12
Applicants filed application for extension of time to file a Reference.
Ruling date not specified
Single judge dismissed the application with costs.

Practical implications

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For lawyers

Explain every day of delay

When seeking extension of time, you must account for each day after the triggering event. Blaming the registry for initial delay is not enough; you must also justify any further delay after receiving documents. Prepare and file promptly to avoid dismissal.

For businesses

Act quickly after court documents

If your business receives court documents, do not assume you can take weeks to prepare a response. The court expects prompt action. Even if the registry caused some delay, you must move swiftly once you have what you need. Delays for internal preparation are not excused.

For individuals

Don't wait to file after getting papers

If you are involved in a court case and need more time, apply immediately after receiving the required documents. Waiting 27 days to prepare your application is too long. The court will reject your request if you cannot give a good reason for every day of delay.

Frequently asked questions

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What is an extension of time in Kenyan courts?+

An extension of time is a court order allowing someone to file a document after the legal deadline has passed. You must apply to the court and give a reasonable explanation for the delay. The court has discretion to grant or deny it.

How do I apply for extension of time in the Supreme Court of Kenya?+

You file an application under Rule 49 of the Supreme Court Rules, 2012. You must explain the entire delay, including any period after you received necessary documents. The court will dismiss the application if the explanation is not credible.

What happens if I delay filing a case in Kenya?+

If you miss a deadline, you risk having your case dismissed. You can apply for extension of time, but you must show a good reason for every day of delay. Courts in Kenya are strict about unexplained delays, especially after you receive court documents.

Can I get extension of time after receiving court documents in Kenya?+

Yes, but you must act quickly. The court will not accept a long delay just because you need time to prepare. In this case, a 27-day delay after receiving typed proceedings was rejected because the applicants gave no credible reason for that extra time.

Cite this brief

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Cite this brief

Caselaw, "Kiarie & 2 others v Administrator of the Estate of John Wallace Mathare (Deceased) & 2 others", Case Analysis (2019). Application 1 of 2014. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2019/85/eng@2019-12-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.