Onchiri (Suing on Behalf and in the Interest of 475 Person Being Former Inhabitants of KPA Maasai Village within Nairobi) v Kenya Airports Authority & 4 others
The bottom line
#Supreme Court rejects appeal for 20-month delay; certification must start at Court of Appeal.
What this practically means
#The Supreme Court dismissed an application to file an appeal 20 months late. The applicant, representing 476 people evicted from Maasai Village, claimed financial hardship. The Court found it hard to believe that 476 people could not raise Kshs. 1,500 for filing fees, especially since the law allows poor litigants to apply for free proceedings. The Court also said the applicant wrongly asked the Supreme Court to certify the case as one of general public importance—that request must first go to the Court of Appeal.
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 appeal? Has the applicant laid satisfactory basis to warrant this Court to extend time to file the appeal?
Key legal issues
#Whether the applicant satisfactorily explained the delay of 20 months in filing the appeal.
The applicant did not satisfactorily explain the delay; the explanation of financial difficulties was not credible given the number of affected parties and the availability of in forma pauperis proceedings.
The Court noted that the applicant claimed financial difficulties but found it inconceivable that 476 affected parties could not raise the filing fee of about Kshs. 1,500/-. Additionally, the applicant's counsel could have invoked the in forma pauperis provisions under section 50 of the Supreme Court Act. The Court also noted the absence of a certificate of delay from the Court of Appeal. Applying the principles from the Nick Salat case, the Court held that the applicant failed to lay a satisfactory basis for extension of time.
Whether the Supreme Court could grant certification of general public importance when the applicant had not first sought it from the Court of Appeal.
The application for certification was premature and could not be granted because the applicant had not first sought certification from the Court of Appeal as required under Article 163(4)(b) and (5) of the Constitution.
The Court observed that the applicant appeared to be invoking Article 163(4)(b) but had not made the initial application for certification to the Court of Appeal. The Court stated that such an application must originate at the Court of Appeal, and if unsuccessful, the applicant could seek review by the Supreme Court under Article 163(5). Since the applicant made no reference to this step, the application was premature.
Legal principles established
#- Extension of time requires a full explanation for the entire delay; financial difficulty is not credible when many parties are involved.
- An application for certification of general public importance must first be made to the Court of Appeal, not directly to the Supreme Court.
- Courts will consider whether a party could have used in forma pauperis (free proceedings) provisions when assessing excuses for delay.
- The absence of a certificate of delay from the lower court weakens an application for extension of time.
- Costs follow the event: the losing applicant must pay the respondents' costs.
Court orders
#- 1.The Certificate of Urgency and Notice of Motion dated 26th of November, 2018 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
- Civil Appeal No. 299 of 2014
- Jurisdiction invoked
- Article 163(4)(a) and (b) of the Constitution of Kenya, 2010
Relief refused
#Extension of time to file an appeal out of time
The applicant failed to satisfactorily explain the inordinate delay of 20 months and did not meet the threshold for extension of time.
Certification that the matter raises issues of general public importance
The application for certification was premature as it ought to have been first made before the Court of Appeal.
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.
it is our finding that the applicant has not satisfactorily explained the inordinate delay of twenty (20) months and has thus not met the threshold required for extension of time as per the guidelines/principles laid down by this court in the Nick Salat Case.
such an application ought to be originated at the first instance before the Court of Appeal.
The Certificate of Urgency and Notice of Motion dated 26th of November, 2018 be and is hereby disallowed.
The applicant shall bear the costs of the respondents.
Key timeline
#Practical implications
#Delay excuses must be specific
When seeking extension of time, provide a day-by-day explanation for the entire delay. Vague claims of financial hardship will fail, especially if multiple clients are involved. Always check if your client qualifies for in forma pauperis proceedings under section 50 of the Supreme Court Act—failure to do so undermines your credibility.
Appeal deadlines are strict
If you lose a case and want to appeal, act quickly. The Court rejected a 20-month delay even when 476 people were affected. Budget for filing fees early—Kshs. 1,500 per party is minimal. Do not assume the court will excuse delays based on collective financial strain. Missing deadlines can end your appeal permanently.
Know which court to approach
If you believe your case involves a matter of general public importance, you must first ask the Court of Appeal to certify it. Do not go directly to the Supreme Court—your application will be dismissed as premature. Also, if you cannot afford court fees, ask the court for in forma pauperis status before the deadline passes.
Frequently asked questions
#Can I appeal to the Supreme Court of Kenya directly if my case is important?+
No. Under Article 163(4)(b) of the Constitution, you must first apply to the Court of Appeal for certification that your case raises a matter of general public importance. Only if the Court of Appeal refuses can you seek review by the Supreme Court.
What happens if I file my appeal late in Kenya?+
You can apply for extension of time, but you must explain the entire delay convincingly. The court will consider factors like the length of delay, reasons given, and whether you could have used free proceedings (in forma pauperis). Vague excuses like financial hardship may not work.
How much does it cost to file an appeal in the Supreme Court of Kenya?+
The filing fee is about Kshs. 1,500. If you cannot afford it, you can apply to proceed in forma pauperis (as a poor person) under section 50 of the Supreme Court Act. The court expects you to explore this option before claiming financial difficulty.
What is a certificate of delay in Kenyan appeals?+
A certificate of delay is a document from the lower court (e.g., Court of Appeal) confirming the time taken to provide copies of proceedings. It is crucial when applying for extension of time because it shows that part of the delay was not your fault. Without it, your application is weaker.
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.
Cite this brief
#Cite this brief
Caselaw, "Onchiri (Suing on Behalf and in the Interest of 475 Person Being Former Inhabitants of KPA Maasai Village within Nairobi) v Kenya Airports Authority & 4 others", Case Analysis (2019). Application 34 of 2018. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2019/3/eng@2019-11-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.