Sonko v Clerk, County Assembly of Nairobi City & 11 others
The bottom line
#Supreme Court allows Sonko's appeal, ruling filings were on time despite delayed printed copy.
What this practically means
#Mike Sonko appealed a Court of Appeal decision to the Supreme Court. The IEBC and others argued his appeal was filed too late. The court checked the records and found that Sonko filed his notice of appeal just 4 days after the judgment and his electronic petition on the last allowed day. Though he was late in filing the printed copy, the court said this was not a fatal mistake. It dismissed the objections and let the appeal proceed, focusing on the main issues rather than technical delays.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the notice of appeal was properly filed and served within the prescribed time.
- 2.Whether the petition of appeal was filed within 30 days of the Court of Appeal judgment.
- 3.What is the import of rule 12 of the Supreme Court Rules regarding filing of printed and electronic copies?
Key legal issues
#Whether the notice of appeal was filed within the prescribed 30-day period.
The notice of appeal was filed on March 8, 2022, only 4 days after the Court of Appeal judgment, and was therefore within time.
The court examined the record of appeal at page 004509 and the fees receipt marked as annexture 'MMS1', which clearly showed the notice was filed on March 8, 2022. This was within the 30-day period required by the rules.
Whether the petition of appeal was filed within 30 days of the Court of Appeal judgment.
The petition was filed on the Supreme Court's online platform on April 4, 2022, which was the last day under rule 38(1)(a), and was therefore within time.
The court noted that the Registrar confirmed the appeal was filed on the online platform on April 4, 2022. The printed copy was filed later on May 20, 2022, after the Registrar's direction. The electronic filing on the last day satisfied the time requirement.
What is the effect of the appellant's delay in filing the printed copy of the petition of appeal?
The delay, while deprecated, does not warrant striking out the appeal because the electronic copy was filed within time and the printed copy was filed promptly upon the Registrar's direction.
The court interpreted rule 12 of the Supreme Court Rules, which requires simultaneous filing of printed and electronic copies. The appellant filed the electronic copy on time but delayed the printed copy by over a month. However, once directed by the Registrar, he filed it within 2 days. The court emphasized focusing on the substantive appeal rather than procedural technicalities.
Legal principles established
#- A notice of appeal is timely if filed within 30 days of the judgment, as shown by court records and receipts.
- An electronic filing on the final day of the 30-day period meets the time requirement for a petition of appeal.
- Rule 12 of the Supreme Court Rules requires simultaneous filing of printed and electronic copies, but a delay in the printed copy does not automatically strike out the appeal.
- If the electronic copy is filed on time and the printed copy is filed promptly after the Registrar's direction, the court will focus on the substantive appeal.
- Procedural technicalities should not override the court's aim to decide cases on their merits.
Court orders
#- 1.The motion dated June 16, 2022 by the 1st respondent is dismissed.
- 2.The preliminary objection dated June 15, 2022 by the 2nd and 10th respondents is overruled.
- 3.No orders as to costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Article 163(4)(a) of the Constitution (implied by nature of appeal from Court of Appeal)
Relief refused
#Striking out of the notice of appeal dated March 4, 2022
The notice of appeal was filed on March 8, 2022, within time, as evidenced by the record and receipt.
Striking out of the petition of appeal for being filed out of time
The petition was filed on the online platform on April 4, 2022, the last day under rule 38(1)(a), and the printed copy was filed later upon the Registrar's direction.
Costs
No orders as to costs.
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.
There is no doubt that the appellant filed a notice of appeal at the Court of Appeal on March 8, 2022, 4 days after the Court of Appeal Judgment.
There is also no doubt that the appellant filed his petition of appeal on this court's online platform on April 4, 2022- the last day for doing so under rule 38 (1) (a) as per the court's rules.
A plain reading of the rule would lead to the simple conclusion, as properly expressed by the Registrar in her letter of May 18, 2022 that the printed copy of any pleading, while matching the electronic copy, shall be filed simultaneously with the latter.
While the conduct of the appellant in not filing the printed copy timeously has not been explained, the circumstances as outlined above would not lead to any adverse orders against him and although his conduct is nonetheless to be deprecated, it is the aim of this court to focus on the substantive appeal.
Having therefore considered the motion, preliminary objection plus responses thereto, we must dismiss the motion and overrule the preliminary objection.
We shall make no orders as to costs.
Key timeline
#Practical implications
#Comply with both filing formats on time
The Supreme Court confirmed that under rule 12, printed and electronic copies must be filed simultaneously. However, a late printed copy will not kill your case if the electronic copy was timely and you act quickly on the Registrar's directive. Always file both together to avoid the risk of adverse orders or extra costs, but know the court may overlook delays if the substantive appeal is not prejudiced.
Electronic filing counts for deadlines
Businesses involved in litigation can rely on electronic filing to meet strict deadlines. The court held that filing on the online platform on the last day satisfies the time requirement. However, you must still provide the printed copy when asked. To avoid complications, file both formats at the same time. This ruling shows the court will not punish a slight delay in the printed copy if the electronic filing was on time.
Filing on time protects your appeal
If you are appealing a court decision, make sure you file your notice of appeal within 30 days. This case shows that even a small delay (4 days after judgment) is fine as long as it's within the limit. When filing in the Supreme Court, use the online system on or before the deadline. A later printed copy may be forgiven if you follow the Registrar's instructions. Always keep proof of your filing dates.
Frequently asked questions
#What is the deadline for filing a notice of appeal in Kenya's Supreme Court?+
You must file the notice of appeal within 30 days from the date of the Court of Appeal judgment. In Sonko's case, the notice was filed only 4 days after the judgment, which was within time.
Can I file an appeal electronically in Kenya's Supreme Court without a printed copy?+
Yes, but you must also file a printed copy. Under Rule 12, both must be filed simultaneously. The court allowed Sonko's appeal because his electronic filing was on time, even though the printed copy came later after the Registrar's request.
Will my appeal be struck out if I file the printed copy late in Kenya's Supreme Court?+
Not automatically. The court will consider whether the electronic copy was filed on time and whether you filed the printed copy promptly after being asked. In Sonko's case, the delay was deprecated but the appeal was allowed to proceed.
What is the effect of a preliminary objection in a Kenyan Supreme Court appeal?+
A preliminary objection asks the court to dismiss the appeal without a full hearing, usually for technical reasons like late filing. In this case, the court overruled the objections because the filings were timely, and it chose to focus on the main issues of the appeal.
Cite this brief
#Cite this brief
Caselaw, "Sonko v Clerk, County Assembly of Nairobi City & 11 others", Case Analysis (2022). Petition (Application) 11 (E008) of 2022. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2022/28/eng@2022-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.