Gitunga (Suing as Legal Representative of the Estate of Itunga Kiragua alias M'Itonga Kiragua) & 6 others v Mbataru & another (Civil Application E174 of 2025) [2026] KECA 19 (KLR) (16 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 19
- Citation
- [2026] KECA 19 (KLR)
- Decided
- 16 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file a notice of appeal and record of appealCoramALI-ARONI, JANUARY 16, 2026, JUDGE OF APPEAL
Holding
The application is allowed, and the applicants are granted an extension of time to file a notice of appeal and record of appeal.
Facts
The applicants initially filed an appeal on 5th December 2023, but the Court struck out the appeal and record of appeal due to failure to seek leave to enlarge time. The applicants then filed an application for extension of time on 23rd July 2025.
Issues
- Whether to grant the applicants an extension of time to file a notice of appeal and record of appeal
- Whether the applicants have sufficient cause for their delay
Reasoning
The Court found the applicants' explanation for the delay plausible and sufficient, and any prejudice can be compensated by costs. The earlier ruling finding the extension of time merited is adopted.
Outcome
The application is allowed.
Orders
- Granting the applicants an extension of time to file a notice of appeal and record of appeal
Remedies
- Costs to be determined at the outcome of the appeal
Authorities cited
Legislation (4)
- Article 48 and 159(2)(d) of the Constitution
- Section 3A and 3B of the Appellate Jurisdiction Act
- Rule 4 and 43 of the Court of Appeal Rules 2022
- Section 10 of the Judicature Act
Cases cited (1)
- Abdul Azizi Ngoma vs. Mungai Mathayo [1976] Kenya LR 61, 62
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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