Odiara & another v Falcon Properties Ltd & another (Civil Application E014 of 2025) [2025] KECA 2046 (KLR) (28 November 2025) (Ruling) Neutral citation: [2025] KECA 2046 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION E014 OF 2025 W KARANJA, JA NOVEMBER 28, 2025 BETWEEN TOM CHORE ODIARA .................................................................... 1ST APPLICANT JECT LIMITED .................................................................................. 2ND APPLICANT AND FALCON PROPERTIES LTD ........................................................ 1ST RESPONDENT CHIEF LAND REGISTRAR ........................................................ 2ND RESPONDENT (Being an application for extension of time to file and serve the application for certification to appeal to the Supreme Court against the judgment and Orders of this Court at Nairobi (Karanja, Asike-Makhandia, M’Inoti, JJ.A.) dated 22nd August 2025 in NRB Civil Appeal No. 356 of 2018) RULING 1. The decision of this Court in Civil Appeal No. 356 of 2018 was delivered on 22nd August 2025. By the said judgment, the Court overturned the judgment of the Environment and Land Court (ELC) which was in favour of the 1st applicant herein. Being aggrieved by the judgment and decree of the Court, the applicants filed a notice of appeal to the Supreme Court where they intend to challenge the said judgment on grounds, inter-alia, that the judgment raises matters of General Public Interest. According to the applicants, they were not able to get their file on time after the judgment was delivered and they were late in filing the application for certification which is a pre- requisite before they can move to the Supreme Court pursuant to Article 163(4)(b) of the Constitution. The delay involved was for 3 days. The applicants have, therefore, moved this Court under among others Rule 4 of this Court’s Rules seeking enlargement of time to file the said application. https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2046/eng@2025-11-28 1
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2. The application is not opposed as there is no replying affidavit or submissions from the respondents despite service of the hearing notice and the application itself on the respondents. 3. The power to extend time under Rule 4 of this Court’s Rules is an exercise of discretion and the factors to be considered were stated in Fakir Mohammed -vs- Joseph Mugambi & 2 others [2005] eKLR (Civil Application No. Nai. 332 of 2004) where the Court held that; “ The exercise of this Court’s discretion under Rule 4 has followed a well-beaten path since the stricture of “sufficient reason” was removed by amendment in 1985. As it is unfettered, there is no limit to the number of factors the court would consider so long as they are relevant. The period of delay, the reason for the delay, (possible) the chances of the appeal succeeding if the application is granted, the degree of prejudice to the respondent if the application is granted, the effect of delay on public administration, the importance of compliance with time limits, the resources of the parties, whether the matter raises issues of public importance-are all relevant but not exhaustive factor.” See also Mwangi -vs- Kenya Airways Ltd (2003) KRL 486. 4. I have considered the application, the applicants’ submissions and the law. I am satisfied that a delay of 3 days is not inordinate. I am also persuaded that the explanation given for the delay is plausible. I have also looked at the issues the applicants want to raise in the application for certification and I am convinced that they are not frivolous. 5. For the foregoing reasons, I am satisfied that this application passes muster. I allow it and order that the application or certification be filed and served within 7 days from the date hereof failing which the leave granted will automatically lapse. DATED AND DELIVERED AT NAIROBI THIS 28TH DAY OF NOVEMBER 2025. W. KARANJA ….………………………… JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2046/eng@2025-11-28 2
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