Mutie & 2 others v Registrar & 2 others (Civil Application E289 of 2025) [2025] KECA 2308 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2308
- Citation
- [2025] KECA 2308 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for Extension of Time to file and serve Memorandum and Record of AppealCoramF. SICHALE, JA
Holding
The applicants' motion is dismissed with costs.
Facts
The applicants filed a suit in Machakos ELC Case No. 74 of 2014, which was struck out by Hon Lady Justice A. Nyukuri. They then filed a Constitutional Petition No. E171 of 2024 and a fresh suit Machakos ELC Case No. 7 of 2023. They sought to appeal the ruling but failed to file the appeal within the prescribed time.
Issues
- Whether the applicants can extend the time to file and serve the Memorandum and Record of Appeal
- Whether the delay in filing the appeal was justifiable
Reasoning
The delay in filing the appeal was inordinate and the reasons advanced were not reasonable. The applicants have not demonstrated the existence of principles for consideration in the exercise of discretion to extend time.
Outcome
The applicants' motion is dismissed.
Orders
- The applicants' motion is dismissed with costs
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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