Sunkuli (Acting Secretary General, KANU) v Kenya Power & Lighting Company Limited (Civil Appeal (Application) E977 of 2024) [2026] KECA 553 (KLR) (13 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 553
- Citation
- [2026] KECA 553 (KLR)
- Decided
- 13 March 2026
The court grants the application for extension of time to serve the Notice of Appeal and the letter requesting proceedings, extending the time by fourteen (14) days from the date of this ruling.
Facts
The applicant, Julius Ole Sunkuli, was aggrieved by the High Court's ruling on November 30, 2023, and filed a Notice of Appeal and a letter requesting proceedings on December 14, 2023. The respondent, Kenya Power & Lighting Company Limited, filed an application to strike out the appeal on the grounds that the Notice of Appeal and the letter were not served within the statutory period.
Issues
- Whether the Notice of Appeal and the letter requesting proceedings were served within the statutory period
- Whether the omission was excusable and justice requires that the matter be heard on its merits
Reasoning
The court exercised its discretion under Rule 4 of the Court of Appeal Rules, 2022 and Article 159(2)(d) of the Constitution, finding the delay to be excusable due to the applicant's inadvertent oversight and the lack of prejudice to the respondent.
Outcome
The application is granted, and the Notice of Appeal and the letter requesting proceedings are extended by fourteen (14) days.
Orders
- Extension of time to serve the Notice of Appeal and the letter requesting proceedings by fourteen (14) days from the date of this ruling
Remedies
- The appeal is deemed properly on record subject to compliance with this order
Authorities cited
Legislation (3)
- Court of Appeal Rules, 2022
- Constitution of Kenya, 2010
- Appellate Jurisdiction Act
Cases cited (3)
- Nicholas Kiptoo Arap Korir Salat v. IEBC & 7 Others
- Mwangi v. Kenya Airways Ltd
- Fahim Yasin Twaha v. Timamy Issa Abdalla & 2 Others
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