Director of Public Prosecutions v SC & 6 others (Civil Application E001 of 2026) [2026] KECA 423 (KLR) (6 March 2026) (Ruling)

Facts

The Director of Public Prosecutions is dissatisfied with the findings of the trial court in Eldoret HC Petition No. 15 of 2019 and seeks to file an appeal, but is seeking an extension of time due to the novelty of the issue and the need to seek specific instructions from its employer.

Issues

1. Whether the Court should extend the time for the applicant to file and serve its notice of appeal
2. Whether the delay in filing the notice of appeal was inordinate and caused undue prejudice to the respondent

Reasoning

The Court considers the application and the grounds enunciated therein, noting that the delay in filing the notice of appeal was not deliberate and was occasioned by the need to establish whether an appeal was necessary on account of the novelty of the dispute. The Court also notes that the appeal raises important points of law that are worthy of consideration.

Outcome

The applicant is granted an extension of time to file its notice of appeal within 14 days from the date of the ruling.

Authorities cited