Lemurian & 28 others v Church Commissioner of Kenya (Civil Application E072 of 2025) [2026] KECA 317 (KLR) (22 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 317
- Citation
- [2026] KECA 317 (KLR)
- Decided
- 22 January 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file an Appeal out of timeCoramMA WARSAME
Holding
The application is allowed. The applicants are granted fourteen (14) days from the date of this ruling to file and serve a notice of appeal.
Facts
The applicants, 29 individuals, filed a notice of motion dated 23rd December 2024 and were dismissed by the High Court on 2nd October 2025. They seek to appeal but the time to file the appeal has lapsed.
Issues
- Whether the applicants have established sufficient reason to warrant the exercise of the Court's discretion to extend time for filing a notice of appeal out of time.
- Whether the applicants' explanation for the delay is reasonable and justifiable.
Reasoning
The delay of eight days is considered excusable for unrepresented litigants, and the applicants have acted within a reasonable period after the statutory time limit.
Outcome
The application is allowed.
Orders
- The applicants are granted fourteen (14) days from the date of this ruling to file and serve a notice of appeal.
Authorities cited
Cases cited (2)
- Nicholas Kipto Arap Korir Salat vs Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Fakir Mohamed vs Joseph Mugambi & two others, Civil Application No. Nai. 332/04
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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