Athi Water Works Development Agency v Kamau (Civil Application E703 of 2024) [2025] KECA 1557 (KLR) (3 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1557
- Citation
- [2025] KECA 1557 (KLR)
- Decided
- 3 October 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file a Notice of AppealCoramP. NYAMWEYA
Holding
The application is found to be merited, and the applicant is granted leave to file and serve a Notice of Appeal out of time. The Notice of Appeal dated 11th December 2024 is deemed as duly filed and served.
Facts
Athi Water Works Development Agency sought to extend the time to file a Notice of Appeal against the judgment of the Environment and Land Court, which allowed an appeal filed by Samuel Macharia Kamau and awarded him compensation for trespass and possession of his land.
Issues
- Whether the applicant's delay in filing the Notice of Appeal was excusable and merited an extension of time
- Whether the Notice of Appeal dated 11th December 2024 was duly filed and served
Reasoning
The delay in filing the Notice of Appeal was due to an inadvertent miscalculation by the applicant's advocate, which was promptly corrected. The court found the delay to be excusable and merited an extension of time.
Outcome
The application is granted.
Orders
- The applicant is granted leave to file and serve a Notice of Appeal out of time.
- The Notice of Appeal dated 11th December 2024 is deemed as duly filed and served.
Remedies
- Extension of time to file a Notice of Appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules 2022
Cases cited (3)
- Bundi v Karani (Civil Application E335 of 2023) [2024] KECA 847 (KLR)
- Paul Wanjohi Mathenge v Duncan Gichane Mathenge [2013] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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