Wajir County Government & 1 other v Kenya County Government Workers Union
The bottom line
#Kenya's Court of Appeal let Wajir County file an appeal nearly a year late, accepting Covid-19 disruptions as a valid reason for the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants gave a reasonable explanation for the delay of about one year
The Covid-19 pandemic, which closed the applicants' public offices and their advocate's offices, was a plausible explanation.
The court accepted that from mid-March 2020 the Covid-19 pandemic disrupted normal operations nationwide, including closure of the applicants' public offices and their advocate's offices and scaling down of judicial services. This was found to be a plausible explanation notwithstanding the respondent's argument that e-filing was available.
Whether the intended appeal was arguable and whether extension would prejudice the respondent
The appeal was not frivolous on its face, raised issues of public interest, and the respondent would suffer no irreparable prejudice; the right to be heard weighed in favour of extension.
The draft memorandum showed the intended appeal was not frivolous, and the applicants' public-interest averment was uncontroverted. The court invoked the constitutionally entrenched right to a hearing, holding that a decision reached in violation of that right would be nullified, and concluded that the issues should be interrogated on merit in the interest of justice.
Legal principles established
#- Rule 4 extension of time is discretionary and guided by the Leo Sila Mutiso parameters: length of delay, reason for delay, arguability of the appeal and prejudice to the respondent.
- A delay will be excused where a plausible and satisfactory explanation is offered.
Court orders
#- 1.Application dated 3rd February, 2021 allowed
- 2.Applicants directed to file and serve the record of appeal within thirty (30) days from the date of the ruling
- 3.Costs to abide by the outcome of the intended appeal
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wajir County Government & 1 other v Kenya County Government Workers Union", Case Analysis (2021). Civil Application (Notice of Motion dated 3rd February, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/268/eng@2021-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.