Parliamentary Service Commission & 4 others v Salaries and Remuneration Commission & 7 others
The bottom line
#Kenya's Supreme Court granted extra time for an appeal, finding a 7-day delay reasonable.
What this practically means
#The Parliamentary Service Commission missed the deadline to appeal a Court of Appeal decision by 7 days. They explained that internal delays in deciding to appeal caused the lateness. The Supreme Court accepted this explanation, noting that a short delay with a good reason is not fatal. The court also said that allowing an appeal doesn't unfairly harm the other side, since the Supreme Court exists to hear appeals from the Court of Appeal. The case will now proceed.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicants have laid a sufficient basis to warrant the exercise of this Court’s discretion, to extend the time for filing of a Notice of Appeal pursuant to Rule 15 of the Supreme Court Rules, 2020
Key legal issues
#Whether the Applicants have demonstrated sufficient reason for extension of time to file a Notice of Appeal.
Yes, the Applicants provided a plausible reason for the seven-day delay—internal lapses in completing modalities on the decision to appeal and seeking approval—which was not seriously contested.
The Court applied the principles from Nicholas Kiptoo Arap Korir Salat v IEBC, noting that extension of time is discretionary and the burden is on the applicant. The delay was only seven days, and the explanation of internal lapses in decision-making was deemed plausible and not seriously contested by the respondent. The Court found the delay not unreasonable or inordinate.
Whether the Respondents would suffer prejudice if the extension is granted.
No, reopening concluded proceedings through an appeal to the Supreme Court does not constitute prejudice.
The Court reasoned that Article 163(4) of the Constitution expressly grants the Supreme Court appellate jurisdiction over Court of Appeal decisions. Therefore, allowing an appeal against such a decision is a normal exercise of that jurisdiction and cannot be considered prejudicial to the respondent.
Legal principles established
#- Extension of time is a discretionary, equitable remedy, not an automatic right.
- The party seeking an extension must provide a reasonable explanation for the delay.
- A short delay, like 7 days, with a plausible reason, can be considered acceptable.
- Granting an extension to appeal is not automatically prejudicial to the opposing party.
- The Supreme Court's appellate role under Article 163(4) allows reopening of concluded Court of Appeal cases.
Court orders
#- 1.The Applicants’ Notice of Motion dated 14th March, 2025 and filed on 23rd April, 2025 is hereby allowed as prayed.
- 2.The costs of the application shall be in the cause.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal of Kenya
- Nairobi Appeal No. E017 of 2021
- Jurisdiction invoked
- Rule 15 of the Supreme Court Rules 2020
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 Applicants’ Notice of Motion of Motion dated 14th March, 2025 and filed on 23rd April, 2025 is hereby allowed as prayed.
The costs of the application shall be in the cause.
a seven-day delay in filing this application is not unreasonable nor inordinate, and in any event, the Applicants have given a plausible reason for the delay which has not been seriously contested by the 1st Respondent
reopening of concluded proceeding by allowing the Applicant to lodge an Appeal against a decision of the Court of Appeal, cannot be said to amount to any prejudice against the 1st Respondent
Key timeline
#Practical implications
#Equitable extension of time approach
When advising clients who missed a filing deadline, emphasize that a prompt application with a clear, honest explanation of internal decision-making delays can succeed. The court's acceptance of a 7-day delay shows it values candor and a reasonable basis. Do not assume lateness is automatically fatal, especially if the opposing party cannot show concrete prejudice.
Manage internal appeal deadlines
When considering an appeal of a court decision against your business, create a clear internal process to secure timely legal instructions. The court here noted that internal lapses in decision-making—while not ideal—did not bar relief when the delay was short. However, longer or unexplained delays may be fatal. Ensure your governance allows quick decisions on litigation steps.
Don't panic over a missed deadline
If you miss a court deadline, seek legal advice immediately. A short delay, such as one week, with a good reason (like difficulties reaching your lawyer or getting approvals) may still be forgiven by the court. The key is to act quickly and explain the reason honestly. The Supreme Court has shown it will consider your situation fairly.
Frequently asked questions
#What is the deadline to appeal a Court of Appeal decision in Kenya?+
You generally have 14 days from the date of the judgment to file a Notice of Appeal. If you miss this, you can apply to the Supreme Court for an extension of time, but you must provide a reasonable explanation for the delay.
Can the Supreme Court in Kenya extend time for an appeal?+
Yes. The Supreme Court has discretion to extend the time for filing a Notice of Appeal. It considers the length of delay, the reason for it, and whether the other side would be unfairly prejudiced. The court treats this as an equitable remedy, not an automatic right.
What is a sufficient reason for extension of time in Kenyan courts?+
Common reasons include administrative or internal delays in making the decision to appeal, difficulty in obtaining legal advice, or other factors outside your control. The reason must be honest and plausible. A very short delay with a clear explanation is more likely to succeed.
Does filing an appeal mean the other side is prejudiced in Kenya?+
Not automatically. The Supreme Court has held that allowing an appeal against a Court of Appeal decision is a normal exercise of its constitutional jurisdiction. The other side must show specific, genuine harm they would suffer from the delay, not just the inconvenience of having to defend the appeal.
Cite this brief
#Cite this brief
Caselaw, "Parliamentary Service Commission & 4 others v Salaries and Remuneration Commission & 7 others", Case Analysis (2026). Civil Application E007 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/33/eng@2026-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.