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Supreme CourtAllowedPetition (Application) 36 of 2019

Simon Gitau Gichuru v Package Insurance Brokers Ltd

Supreme Court of Kenya
3 September 2020
611 words in judgment
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AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Supreme Court adopts parties' agreement to save time and avoid a hearing.

What this practically means

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Simon Gitau Gichuru asked the Supreme Court for more time to file appeal papers. The other side did not object. Instead, both lawyers signed a consent agreeing to the request. The Court checked that no one opposed it, then made the consent a court order. This gave Mr. Gichuru 30 extra days to complete his record. The Court also told its staff to get the needed documents from the Court of Appeal. No costs were awarded.

Executive summary

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This was an application by Simon Gitau Gichuru (the appellant) seeking extension of time to file a Supplementary Record of Appeal in a matter arising from the Court of Appeal. The application was brought under Article 163(4) of the Constitution, Section 21 of the Supreme Court Act, and Rules 23, 33(6) and 54 of the Supreme Court Rules, 2012. The appellant explained that despite numerous visits to the Court of Appeal registry and several written requests, the certified order and typed proceedings had not been obtained within the statutory period. The respondent did not file any response in opposition. Instead, counsel for both parties filed a consent order dated 27th January, 2020 agreeing that the application be allowed as prayed. The Supreme Court, after confirming with the Deputy Registrar that no opposition had been filed, adopted and endorsed the consent as an order of the court. The court vacated earlier directions for written submissions and a ruling, and directed the appellant to file and serve the Supplementary Record of Appeal within thirty days. The Deputy Registrar was also directed to follow up with the Court of Appeal registry to obtain the certified order and proceedings. The judgment is a brief procedural order granting the extension of time by consent, with no costs awarded.

Questions the Court framed

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

  1. 1.Whether the consent order dated 27th January, 2020 should be adopted as an order of the court

Key legal issues

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01

Whether a consent order filed by parties can be adopted by the Supreme Court as an order of the court without further hearing.

Holding

The court may adopt a consent order as its own order where no party has opposed it, to give effect to the parties' agreement and conserve judicial resources.

Reasoning

The court noted that the respondent had not filed any response in opposition to the application, and a consent order had been filed by counsel. The court considered that adopting the consent would achieve the parties' wishes and save judicial time. It therefore vacated earlier directions for submissions and ruling, and adopted the consent as an order of the court, with additional directions to ensure the appeal record was completed.

Legal principles established

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  • A consent order filed by both parties may be adopted as a court order if no party opposes it.
  • Adopting a consent saves judicial time and gives effect to the parties' agreement.
  • The court may vacate earlier directions for submissions and ruling when a consent is adopted.
  • The court can issue additional directions to ensure the appeal record is completed.
  • No order as to costs is made when a consent order is adopted without opposition.

Court orders

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  1. 1.The consent dated 27th January, 2020 is adopted and endorsed as an order of the Court
  2. 2.The orders for filing of written submissions and delivery of any ruling are vacated
  3. 3.The Appellant is directed to file and serve the Supplementary Record of Appeal within thirty (30) days from the date hereof
  4. 4.The Deputy Registrar of this court to follow-up with the Court of Appeal Registry to obtain the certified order and proceedings of the said court

The bench

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

majority
Philomena Mbete Mwilu
PM MwiluDCJ
Currently serving
majority
majority
Smokin Charles Wanjala
SC WanjalaSCJ
Currently serving
majority
Isaac Lenaola
I LenaolaSCJ
Currently serving
majority
On appeal from
Court of Appeal
Jurisdiction invoked
Article 163(4) of the Constitution

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.

We therefore vacate herewith the orders for filing of written submissions and delivery of any ruling in respect thereof. We hereby adopt and endorse the Consent dated 27th January, 2020 as an order of the Court.
p. 2 Adoption of consent order
For this order to be wholesome and effective order, we further direct the Appellant to file and serve the Supplementary Record of Appeal within thirty (30) days from the date hereof.
p. 2 Extension of time to file supplementary record

Key timeline

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2020-01-27
Parties file a consent order agreeing to allow the extension of time application.
2020
Supreme Court adopts the consent as an order of the court and grants 30 days to file the record.

Practical implications

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For lawyers

Use consents to expedite procedural motions

When your client needs more time or other procedural relief, consider negotiating a consent with opposing counsel. Filing a signed consent can avoid a full hearing and get a quick court order. Ensure the consent is clear and that the other side does not later oppose it. This saves costs and speeds up the case.

For businesses

Agree on procedural steps to cut delays

If you are involved in litigation, instruct your lawyers to explore consent orders for routine procedural requests like extensions. Agreeing with the other side can prevent unnecessary court appearances and reduce legal fees. But make sure your lawyer files the consent promptly and follows any court directions to keep the case moving.

For individuals

Consent orders can resolve delays without a fight

If you need more time to file court papers, you and the other side can agree and file a consent. The court may adopt it quickly, saving you a stressful hearing. Always check with your lawyer first. Once the consent is made an order, you must comply with any deadlines it sets, like the 30 days given here.

Frequently asked questions

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What is a consent order in Kenya?+

A consent order is an agreement between parties in a case that the court adopts as its own order. It resolves a procedural or substantive issue without a contested hearing. In this case, both sides agreed to an extension of time, and the Supreme Court made it an order.

Can the Supreme Court of Kenya adopt a consent order without a hearing?+

Yes, if no party opposes the consent. The court checks with its Deputy Registrar to confirm no opposition. Then it can adopt the consent as an order, vacate earlier hearing directions, and issue any needed follow-up orders. This saves judicial time.

How long does it take to get an extension of time to file an appeal record in Kenya?+

It depends. If parties consent, the court can grant it quickly, as here where the Supreme Court gave 30 days. Without consent, you must file an application and wait for a ruling. The court may also give directions to obtain certified records from lower courts.

What happens if one party does not oppose an application in the Supreme Court of Kenya?+

The court may treat the lack of opposition as an opportunity to adopt any consent filed. If no consent is filed, the court may still decide the application based on the applicant's submissions. Here, the respondent did not oppose, and a consent was filed, so the court adopted it.

Cite this brief

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Cite this brief

Caselaw, "Simon Gitau Gichuru v Package Insurance Brokers Ltd", Case Analysis (2020). Petition (Application) 36 of 2019. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2020/19/eng@2020-09-03

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