Search court decisions

…of delay within the meaning of section 79G of Act 21.…

…It said at page 189:- The question is what documents must the appellant file within thirty days or within the time lawfully extended by the certificate of delay?…

…All that he needs to do is to obtain a certificate of delay. I note that at page 122 of the record of appeal, there is a certificate of delay.…

…I have also seen the original certificate of delay in the original lower court file.…

…of Delay dated 3/10/2023 and that the delay was occasioned by the courts inability to have the proceedings typed and certified within the stipulated timelines.…

…could not proceed to file the appeal without the proceedings and that the inordinate delay can be attributed to the trial court; the Certificate of Delay certifies the period taken to prepare the proceedings and judgment…

…Jawla averred that this Court erroneously stated the Certificate of Delay was dated 3rd May 2024, instead of the correct date, being 7th May 2024.…

…Upon perusal of the said application the Case Tracking System (CTS), I agree with the applicant that indeed there is an error apparent on the face of the record in respect to the date of the Certificate of Delay, and the…

…It was submitted that certified copies, in this case, were collected on 14/06/2024 as evidenced by the Certificate of Delay dated 17/07/2024 and the appeal was subsequently filed on 17/07/2024.…

…The certificate of delay indicates that the typed proceedings and decree were ready for collection on 14/06/2024 but there is nothing to show that the Makindu Court registry actually informed the Appellant to collect them…

…It was submitted that certified copies, in this case, were collected on 14/06/2024 as evidenced by the Certificate of Delay dated 17/07/2024 and the appeal was subsequently filed on 17/07/2024.…

…The certificate of delay indicates that the typed proceedings and decree were ready for collection on 14/06/2024 but there is nothing to show that the Makindu Court registry actually informed the Appellant to collect them…

…A certificate of delay subsequently issued by the Executive Officer of the Kericho Law Courts indicates that a copy of the ruling was available on 28th January 2025, while the certified proceedings were ready for collection…

…The Court directed the Appellant to place before it the certificate of delay and thereafter, on 26 th May 2026 when the matter came up for further directions, the court directed the parties to canvass the question of delay…

…A certificate of delay subsequently issued by the Executive Officer of the Kericho Law Courts indicates that a copy of the ruling was available on 28th January 2025, while the certified proceedings were ready for collection…

…The Court directed the Appellant to place before it the certificate of delay and thereafter, on 26 th May 2026 when the matter came up for further directions, the court directed the parties to canvass the question of delay…

…Magistrate informed the parties that the ruling was typed and ready for collection, thus contradicting the Certificate of Delay.…

…In support of the said averments, the applicant produced a copy of a Certificate of Delay dated 7th May 2024 issued to him by the Milimani Commercial Chief Magistrate’s Court.…

…The delay in filing the appeal was unintentional, as he had to obtain relevant documents from the lower court and was issued a certificate of delay.…

…He was issued with a certificate of delay, attached to the supporting affidavit of 31/10/2024, which states as follows: CERTIFICATE OF DELAY “This is to certify that Vincent Wekesa Lazaro, the Petitioner, applied for typed…

…What is more, he pointed out that the appellant did not attach a certificate of delay having filed the appeal outside the thirty days’ statutory timeline. 17.…

…Further, it urged that the delay was not sufficient to warrant obtaining a certificate of delay as held in Thuita Mwangi vs Kenya Airways Ltd . [2003] eKLR.…

…of delay that accounts for the period of delay.…

…of delay from the court. 31.…

…That he applied for certified copies of the judgment and proceedings but there was a delay in issuing the same and he was issued with a certificate of delay on 05th January 2024.…

…A certificate of delay was issued long after expiry of the statutory 30 days to appeal. The applicant has demonstrated his efforts to obtain the certified copies of the judgment and proceedings for appeal purposes.…

…It is the applicant’s case that he got certified copies of the ruling and proceedings late and that a certificate of delay was duly issued wherefore the delay has been duly explained and he is thus entitled to an extension…

…Moreover, that the delay after issuance of the certificate of delay on 11.9.2024 has not been justified. ANALYSIS AND DETERMINATION 5. The application was canvassed by way of written submissions.…

…The appellant states that the certificate of delay confirmed the delay was caused by the court’s administrative processes.…

…The appellant has produced a certificate of delay issued on 15/7/2024 confirming that the delay was caused by the court’s administrative processes. 10.…

…The applicant avers that since the issuance of the stay orders, approximately 20 months ago, the respondent has neither filed its record of appeal nor sought proceedings, judgment or a certificate of delay.…

…It further noted that the respondent had not obtained a certificate of delay. On this basis, the applicant urged the court to vacate the stay orders and release the decretal sum. 7.…

…Counsel stated that in the event in the event the certificate of delay is not issued by the present court, it will be locked out of the appellate process entirely. 5.…

…He stated that the applicant obtained typed proceedings on 17th March, 2023 together with a Certificate of Delay dated 14th March, 2023.…

…The applicant subsequently sought copies of the typed proceedings on 30th June, 2022 from the Trial Court, as evidenced by a copy of the Certificate if Delay.…

…They have annexed a certificate of delay marked “GEO-2a” and a copy of the record of appeal filed in Kisumu Court of Appeal Civil Appeal No. E237 of 2025, marked “GEO-2b”. 12.…

…Counsel reiterated that the delay in obtaining the proceedings had been explained and that the Objectors had annexed a certificate of delay.…