Kirui v Metet & 12 others (Civil Application E020 of 2026) [2026] KECA 1227 (KLR) (1 July 2026) (Ruling) Neutral citation: [2026] KECA 1227 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAKURU CIVIL APPLICATION E020 OF 2026 JM MATIVO, JA JULY 1, 2026 BETWEEN JOSIAH KIPKOSKE KIRUI .................................................................... APPLICANT AND MICHAEL METET & 12 OTHERS ................................................... RESPONDENT (Being an application for extension of time to file and serve written submissions from the judgment and decree of the Environment and Land Court of Kenya at Kericho (A. Omollo, J.) dated 22nd January 2026 in ELC No. E007 of 2024) RULING 1. On 21st April 2026 the applicant’s application dated 13th February 2026 seeking stay of execution came up for hearing and this Court stated that this is a matter where the appeal should proceed for hearing and declined to grant the stay sought. Accordingly, the Court directed the appellant to file and serve submissions within 14 days. The Court also directed the respondents to file submissions within 14 days from date of service. Lastly, the Court directed that the appeal be heard on priority basis. 2. The applicant is back in this Court vide his application dated 2nd June 2026 brought under Rules 4, 47 & 75 of the Court of Appeal Rules 2022, seeking leave to file his appeal out of time and an extension of 7 days to file and serve his submissions. In support of the application, he states that he filed his notice of appeal on 29th January 2026 and applied for proceedings immediately. However, the typed proceedings are voluminous, hence, his inability to compile the record of appeal. Apparently, when he was before us on 21st April 2026, the only document he had filed was the memorandum of appeal even though he said he had filed the appeal. 3. Despite having been served by the Court with a hearing notice dated 17th June 2026 through their e-mail address nakuru[Particulars Withheld].com the respondent has not filed a reply to the instant application or submissions as at today 1st July 2026 at 9:10 am. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1227/eng@2026-07-01 1
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4. Rule 4 of the Court of Appeal Rules 2022 provides that the Court may on such terms as it thinks just, by order extend the time limited by these Rules or by any decision of the Court or of a Superior Court for the doing of any act authorized or required by these Rules, whether before or after the doing of the act and a reference in these Rules to any such time shall be construed as a reference to that time as extended. In Andrew Kiplagat Chemaringo vs. Paul Kipkorir Kibet [2018] eKLR, the Supreme Court stated that the law does not set a minimum or maximum period of delay. 5. I have considered the explanation profiered by the applicant. I am persuaded that the explanation is plausible. The period of delay is not inordinate. Accordingly, I allow the application and extent the time within which the applicant is to file and serve his record of appeal and submissions by 14 days from the day of this ruling. DATED AND DELIVERED AT NAKURU THIS 1ST DAY OF JULY, 2026. J. MATIVO ................................ 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/2026/1227/eng@2026-07-01 2
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