Kenya Commercial Bank v Ofwa (Civil Application E555 of 2025) [2026] KECA 421 (KLR) (27 February 2026) (Ruling)

Facts

The applicant, Kenya Commercial Bank, sought leave to file and serve the memorandum of appeal and record of appeal out of time. The impugned judgment was delivered on 2nd December, 2024, and a Notice of Appeal was filed on 2nd January 2025, which was within time as the applicant had been granted 30 days to file its appeal.

Issues

1. Whether the delay in filing the appeal is inordinate
2. Whether allowing the appeal to be filed out of time will undermine the principle of finality in litigation and cause irreparable prejudice to the respondent

Reasoning

The court finds that the delay of 280 days is inordinate and that the applicant has not satisfactorily explained the delay. However, the court grants the application as the intended appeal raises arguable points of law and no prejudice will be occasioned to the respondent.

Outcome

The application is granted, and the appeal is allowed to be filed out of time.

Authorities cited