1. The applicants have brought the application, dated 11th July 2025, for enlargement of time to lodge a Notice of Appeal.
2. The application was canvassed through written submissions.
3. The issue that falls for the determination of this court is whether to enlarge the time within which to lodge a Notice of Appeal.
4. In paragraph 3 of the supporting affidavit, the respondents' reasons for not lodging the notice of appeal within the time limit are that they took time to instruct their advocate to file the intended appeal and that, by the time they gave instructions, the period for lodging the Notice of Appeal had expired.
5. Having rendered its decision on the matter, the applicant seeks to appeal to the Court of Appeal. The applicant was late in filing the Notice of Appeal. The application is then governed by Rules 4 and 77 of the Court of Appeal Rules 2022.
6. Rule 4 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.”
7. The proper forum for filing such an application should then have been the Court of Appeal, not this court. See Nyongesa v Lukuyu [2025] KECA 1044 (KLR).
8. Consequently, the application dated July 11, 2025, is hereby dismissed with costs.
Dated, signed, and delivered virtually at Nyeri on this 29th day of January 2026.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Atancha for the Applicants/Respondents
Mr. Shujaa for the Respondent/Appellant
Kendi: Court Assistant
2. The application was canvassed through written submissions.
3. The issue that falls for the determination of this court is whether to enlarge the time within which to lodge a Notice of Appeal.
4. In paragraph 3 of the supporting affidavit, the respondents' reasons for not lodging the notice of appeal within the time limit are that they took time to instruct their advocate to file the intended appeal and that, by the time they gave instructions, the period for lodging the Notice of Appeal had expired.
5. Having rendered its decision on the matter, the applicant seeks to appeal to the Court of Appeal. The applicant was late in filing the Notice of Appeal. The application is then governed by Rules 4 and 77 of the Court of Appeal Rules 2022.
6. Rule 4 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.”
7. The proper forum for filing such an application should then have been the Court of Appeal, not this court. See Nyongesa v Lukuyu [2025] KECA 1044 (KLR).
8. Consequently, the application dated July 11, 2025, is hereby dismissed with costs.
Dated, signed, and delivered virtually at Nyeri on this 29th day of January 2026.
E. K. MAKORI
JUDGE
In the Presence of:
Mr. Atancha for the Applicants/Respondents
Mr. Shujaa for the Respondent/Appellant
Kendi: Court Assistant