Waweru & 2 others v Maina (Civil Application E002 of 2026) [2026] KECA 382 (KLR) (5 March 2026) (Ruling)

Facts

The applicants claim they were unaware of the judgment until they were served with a notice of taxation, which was the first formal indication that the matter had been concluded. They allege that the delay in filing the notice of appeal and record of appeal was due to change in legal representation, breakdown in communication with their former advocate, and failure by the advocate to inform them of the judgment or subsequent appellate steps.

Issues

1. Whether the application for stay of execution and leave to file an appeal is sustainable
2. Whether the delay in filing the notice of appeal and record of appeal is justified

Reasoning

The Court considers the application unsustainable due to the lack of a notice of appeal and finds that the delay in filing the notice of appeal and record of appeal is not justified. The Court declines the prayer for extension of time.

Outcome

The application is dismissed.

Authorities cited