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Mohamed v State Corporation Advisory Committee & 2 others; Public Service Commission (Interested Party) (Civil Application E278 of 2025) [2025] KECA 2265 (KLR) (19 December 2025) (Ruling)

[2025] KECA 2265 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
2265
Citation
[2025] KECA 2265 (KLR)
Decided
19 December 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to lodge and serve Notice and Record of AppealCoramF. SICHALE, JA
Holding

The Court grants the applicant's motion for extension of time to lodge and serve the Notice of Appeal, allowing him 30 days from the date of the ruling to file the appeal.

Facts

The applicant, Hashim D. Mohamed, was out of the country from 2nd January 2025 due to urgent personal matters and was unable to file his appeal within the prescribed 14 days.

Issues

  1. Whether the applicant's delay in filing the appeal was reasonable and excusable
  2. Whether the applicant's appeal is arguable and merits extension of time

Reasoning

The Court found the delay reasonable and excusable due to the applicant's absence from the country, and the applicant demonstrated sufficient grounds to satisfy the principles for consideration in the exercise of discretion.

Outcome

The applicant's motion is allowed.

Orders

  • The applicant shall proceed to file the appeal within 30 days from the date of this ruling.
  • The costs of this motion shall abide the outcome of the intended appeal.

Remedies

  • Extension of time to lodge and serve the Notice of Appeal

Authorities cited

Legislation (2)
  • Court of Appeal Rules 2022
  • Constitution of Kenya 2010
Cases cited (1)
  • Nicholas Kiptoo Korir Arap Salat vs. IEBC [2014] 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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