Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedNot stated in the judgment· [2018] KECA 586 (KLR)

Isaac Williat Mangongo v Registrar of Trade Unions & 3 others [2018] KECA 586 (KLR)

Court of Appeal of Kenya
25 May 2018
1,029 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal refused to extend time to file an appeal record, finding the delay unconscionable and the appeal unarguable.

What this practically means

#

Executive summary

#
This was a single-judge application under Rule 4 of the Court of Appeal Rules seeking extension of time to file a record of appeal against a ruling of the Employment and Labour Relations Court (Nduma, J.) dated 25th April, 2014. That ruling had declined to vary or clarify rulings of Nambuye, J. in a long-running trade union dispute concerning the change from the Kenya Guards and Allied Workers Union to the Kenya National Private Security Workers Union, and had found the application to constitute vexatious litigation. The applicant, appearing by counsel, attributed the delay to non-supply of typed proceedings, obtaining them only on 27th April, 2017, and asserted the appeal had high chances of success, though he neither disclosed the grounds of appeal nor filed a draft memorandum. Counsel for the 1st interested party opposed, relying on the certificate of delay showing the applicant's advocates were informed on 6th July, 2015 that copies were ready for collection. Applying the principles in Wasike v. Swala, Githinji, JA held the intended appeal not arguable, since Nambuye, J. had herself judicially interpreted her own decisions on the unions' status, and found the delay unconscionable and unreasonably explained, noting a letter of 15th October, 2014 indicating the applicant already had the proceedings. The application was dismissed with costs to the 1st interested party.

Key legal issues

#
01

Arguability of the intended appeal

Holding

The intended appeal was not arguable because Nambuye, J. had judicially interpreted her own rulings on the status of the two unions and Nduma, J. found the ruling not to lack clarity.

Reasoning

The applicant intended to appeal Nduma, J.'s finding that the application before him was vexatious litigation and that Nambuye, J.'s ruling was clear. Given that Nambuye, J. had herself interpreted her rulings on the union status dispute in several rulings, the court was not satisfied the intended appeal raised arguable grounds. The applicant also failed to disclose grounds of appeal or file a draft memorandum.

p. 2
02

Inordinate and unexplained delay

Holding

The delay was unconscionable and not reasonably explained; the certificate of delay showed the applicant's advocates were told in July 2015 the proceedings were ready for collection.

Reasoning

Although the applicant attributed the delay to non-supply of proceedings, the certificate of delay showed his advocates were informed on 6th July 2015 that copies were ready for collection on payment of fees, and a letter of 15th October 2014 showed they already had the copies. The applicant also did not disclose grounds of the intended appeal or file a draft memorandum, weakening his merit assertion.

p. 2

Legal principles established

#
  • In an extension-of-time application under Rule 4, the court considers whether the intended appeal is arguable, whether the delay is inordinate, and whether the extension would prejudice the respondent.

Court orders

#
  1. 1.Application dismissed with costs to the 1st interested party

Authorities

#

Legislation

  • Court of Appeal RulesRule 4

Cases cited (1)

  • Wasike v. Swala
    [1984] KLR 591
On appeal from
Employment and Labour Relations Court
Not stated (ruling of Nduma, J.)
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Isaac Williat Mangongo v Registrar of Trade Unions & 3 others [2018] KECA 586 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/586/eng@2018-05-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.