Kenya Power and Lighting Company v Muigai (Civil Application E360 of 2024) [2025] KECA 278 (KLR) (21 February 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 278
- Citation
- [2025] KECA 278 (KLR)
- Decided
- 21 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an appealCoramLA ACHODE
Holding
The application is allowed with the Applicant to file the memorandum and record of appeal within 14 days of this ruling and the costs of the application to be borne by the Applicant.
Facts
The Applicant, Kenya Power and Lighting Company, filed a Notice of Appeal in the Court of Appeal on 3rd May 2024 against a ruling by Komingoi J in the Environment and Land Court on 25th April 2024. The Applicant could not file the record of appeal within 60 days due to delays in obtaining certified copies of the proceedings.
Issues
- Whether the application for extension of time to file an appeal is meritorious
- Whether the delay in filing the appeal is inordinate and prejudicial to the Respondent
Reasoning
The Court found the delay not inordinate and no prejudice to the Respondent. The Preliminary Objection on jurisdiction is primordial to the case.
Outcome
Allowed
Orders
- The Applicant shall file the memorandum and record of appeal within 14 days of this ruling
- The costs of this application will be borne by the Applicant
Authorities cited
Cases cited (4)
- Kenya Counsel of Employment & Migration Agencies v National Police Service Commission and 8 Others (Civil Application 35 of 2019) 2021 KECA 360 KLR
- Hassan Nyanje Charo v Khatib Mwashetani and 3 Others SC Application no. 15 of 2014 (2014) eKLR
- Jaber Mohsen Ali and Anor v Priscilla Boit and Anor ELC No. 200 of 2012 [2014] eKLR
- Leo Sila Mutiso v Rose Hellen Wangari Mwangi Nairobi CA No. 255 of 1997
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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