Abuchere v Mburu t/a Wilmer Petrol Station & another (Miscellaneous Application E003 of 2025) [2025] KEELRC 3727 (KLR)

9. He states that Judgment was delivered on 12th August 2024, in the presence of both Counsel for the Parties. 10. 30 days ended around 12th September 2024. There was prolonged delay in filing the application. The applicant has not established that he followed up supply of a copy of Judgment. There are no letters requesting for a copy of the Judgment, and no receipts issued by the Court, showing that such a request was made. 11. A Party is allowed to file an appeal without a copy of the Judgment against which the appeal is made. Appeal can be filed without typed proceedings. Delay is obtaining Judgment cannot be a reason to justify delay, in filing an appeal. 12. The Respondent urges the Court to decline the application. 13. Parties agreed to have the application considered and determined on the basis of their afidavits and submissions. They confirmed filing of submissions at the last appearance before the Court on 24th October 2025. The Court Finds: 14. Appeals before this Court, are regulated under Part III of the E&LRC [Procedure] Rules, 2024. 15. Extension of time to file an appeal, is regulated by Rule 18 of the said Rules, not by Rules from the Civil Procedure Act, cited by the Applicant. 16. The Rule stipulates that the Court may, if circumstances justify, extend time prescribed for filing of an appeal or any document relating to an appeal. 17. Judgment was delivered by the Trial Court on 12th August 2024. Rule 12[2] of the E&LRC [Procedure] Rules, 2024, states that an appeal from the Magistrate’s Court, shall be filed within 30 days from the date the decision is delivered. 18. Are there circumstances to justify extension of time, under Rule 18 of the E&LRC [Procedure] Rules 2024? 19. The Judgment was delivered in the presence and full hearing of the Counsel for both Parties. 20. The Applicant’s main explanation for delay in filing his appeal, is that he was not able to access a copy of the Judgment from the CTS for 2 months. 21. He does not say if he applied for a copy of the Judgment, and typed proceedings of the Court, after, or any time soon, after the Judgment was delivered on 12th August 2024. In his supporting afidavit, he exhibits only a draft Memorandum of Appeal. 22. The Court has not been provided with letters seeking copy of the Judgment, letter seeking typed proceedings, a copy of the Judgment or typed proceedings. All the Applicant has exhibited is a draft Memorandum of Appeal. 22. Rule 11 [1] of the E&LRC [Procedure] Rules, 2024, states that before filing a Memorandum of Appeal, the appellant shall request in writing from the Court, person or body whose decision is under appeal, copies of the proceedings, any documentary evidence relied on and copy of the judgment, ruling, decision, order, decree or award appealed against. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3727/eng@2025-12-19 2

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22. The Applicant has not established that there are circumstances, which would justify extension of time to file an appeal. His Advocate was in Court when the Judgment was delivered. The Applicant took no active measures under the Rules, to signal his intention to appeal. It Is Ordered: a. The application is declined. b. No order on the costs. c. The file is closed. DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, UNDER RULE 68[5] OF THE E&LRC [PROCEDURE] RULES, 2024, THIS 19TH DAY OF DECEMBER 2025. JAMES RIKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3727/eng@2025-12-19 3

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