Stephen Nthenge Musembi v Intraspeed Arcpro Kenya Limited

Musembi v Intraspeed Arcpro Kenya Limited (Civil Appeal (Application) E703 of 2024) [2026] KECA 427 (KLR) (6 March 2026) (Ruling) Neutral citation: [2026] KECA 427 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E703 OF 2024 L NDOLO, JA MARCH 6, 2026 BETWEEN STEPHEN NTHENGE MUSEMBI ......................................................... APPLICANT AND INTRASPEED ARCPRO KENYA LIMITED ................................... RESPONDENT (Being an application for extension of time to file a supplementary record of appeal) RULING 1. This ruling fiows from the notice of motion dated 28th July 2025, by which the applicant seeks extension of time to file a supplementary record of appeal, and admission of the record as duly filed. 2. The motion is founded on the grounds that; the applicant had filed his record of appeal together with a certificate of delay, but without a decree. The delay is assigned to failure by the superior court to avail a certified copy of the judgment and decree in time. According to the applicant, the decree was extracted sometime in May 2025. 3. The application is unopposed. More importantly, this Court has now settled that the absence of a decree from the record of appeal is not a fatal omission. In Emmanuel Ngade vs. Kitheka Mutisya [2017] eKLR it was held that a record of appeal is competent notwithstanding the fact that a formal decree has not been included in the record. 4. Be that as it may, and because the delay in filing the supplementary record of appeal has been explained, I will invoke rule 4 of the Court of Appeal Rules which provides as follows: The Court may, on such terms as may be just, by order, extend the time limited by these Rules, or by any decision of the Court or of a superior court, for doing of any act authorized https://new.kenyalaw.org/akn/ke/judgment/keca/2026/427/eng@2026-03-06 1

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