The Court of Appeal has dismissed Absa Bank Kenya’s request for an extension of time to file a notice of appeal regarding a High Court ruling in a Ksh 4.4 million banking dispute involving the bank and a customer, Samuel Kingori Waithanji.
In a ruling delivered by Judge Justice Mohamed Warsame, the Court of Appeal determined that Absa’s claim of registry delays was unfounded, as the bank waited six months before initiating proceedings and did not obtain a certificate of delay, demonstrating a complete disregard for statutory timelines.
This case concludes a prolonged legal battle that began in 2009 when Absa Bank, formerly known as Barclays Bank Ltd, debited Ksh 4.4 million from Waithanji’s account without prior notice, claiming the funds were proceeds of illegal transactions.
“I have considered the application, the arguments presented by both parties, and the principles relevant to such applications. In my view, the applicant has failed to provide any justification for not filing the notice of appeal within the 14-day statutory period, as required by Rule 59(1) of the Court of Appeal Rules. The judgment was delivered on June 23, 2022; however, no notice was filed until August 3, 2022, which was already 11 days late,” the judge stated.
Court Rules on Case Involving Absa and Customer Over Ksh 4.4 million Dispute
The case involves Samuel Kingori Waithanji, whose account was debited by Absa on April 9, 2009, without prior notice. The bank alleged that the funds were linked to illegal transactions.
The High Court in Nakuru ruled on June 23, 2022, that the deduction was unlawful and ordered Absa to refund the amount to Waithanji.
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Waithanji challenged this action, leading to a judgment by Justice Chemitei of the High Court in Nakuru on June 23, 2022. The court found the bank’s conduct to be unlawful, ordered it to reverse the debit decision, and imposed a liability of Ksh 4.4 million on the bank.
Bank Attributes Delay to High Court Registry’s failure
Although Absa Bank filed a notice of appeal on August 3, 2022, this was already 11 days beyond the statutory 14-day window. The bank took no further action until it filed the current application for an extension of time on April 15, 2025, nearly three years after the original judgment.
In its defense, Absa Bank claimed that the delay was due to the High Court registry’s failure to provide certified typed proceedings, despite several follow-up letters sent between December 2022 and March 2025.
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However, Justice Warsame was not convinced by the bank’s argument. The judge observed that the bank’s first letter to the registry was sent on December 20, 2022, a full six months after the judgment, and that they had not sought a formal “certificate of delay” from the court as required by rules.
“A diligent litigant would have filed the notice of appeal on time and then pursued the typed proceedings separately,” the judge noted.
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