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Court of AppealDismissedNot stated in the judgment (motion dated 14th February 2019, arising from intended appeal against Employment and Labour Relations Court at Nyeri, Cause No. 189 of 2016)

Castle Forest Lodge Ltd v Munene (Civil Application 142 of 2019) [2021] KECA 310 (KLR)

Court of Appeal
17 December 2021
977 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal refused to excuse an 18-month delay, holding that an advocate leaving a firm does not justify missing appeal deadlines.

What this practically means

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Executive summary

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This is a single-judge decision of the Court of Appeal at Nairobi, delivered by D. Musinga (P) on 17th December 2021, on a Notice of Motion dated 14th February 2019 brought under rule 4 of the Court of Appeal Rules. The applicant sought to have the record of appeal against a judgment of the Employment and Labour Relations Court at Nyeri (Cause No. 189 of 2016, delivered 19th May 2017, awarding the respondent Kshs. 396,903.10 plus costs and interest) deemed filed and served in time. The applicant explained the delay by the departure of the advocate handling the matter from the firm of Kimani & Michuki Advocates. The respondent countered that the proceedings were requested out of time and without service, that there was an unexplained 18-month gap between collection of typed proceedings and the filing of the application, and that even the drawn application lay unfiled for eight months. Applying the settled rule 4 principles in Leo Sila Mutiso v Rose Hellen Wangari Mwangi, and the holdings in Andrew Kiplangat Chemaringo v Paul Kipkorir Kibet and Abdul Aziz Ngoma v Mungai Mathayo, the Court held that a plausible and satisfactory explanation is the key that unlocks its discretionary favour, and that discretion arises only once sufficient reason is established. Finding the advocate's departure insufficient and the handling of the appeal casual, the Court dismissed the application with costs to the respondent. There is no determination of the appeal itself, which remains unresolved.

Key legal issues

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01

Whether the departure of the advocate handling the matter from the applicant's law firm constitutes sufficient reason for inordinate delay

Holding

No - it is insufficient explanation; another advocate must have taken over the files, and the conduct was casual

Reasoning

The Court found the explanation of an advocate leaving the firm inadequate because files must be taken over by another advocate. There was an unexplained gap of about 18 months between collection of typed proceedings (9th April 2018) and filing of the application (4th September 2019), and the drawn application lay unfiled for eight months. The advocates' handling of the intended appeal was described as casual, negating any exercise of discretion in the applicant's favour.

p. 2
02

The principles governing extension of time under rule 4 of the Court of Appeal Rules

Holding

The well-settled principles, including those in Leo Sila Mutiso v Rose Hellen Wangari Mwangi, apply; the applicant must show sufficient reason for the delay

Reasoning

The Court reaffirmed that extension of time under rule 4 is guided by settled principles from a long line of decisions, principally Leo Sila Mutiso v Rose Hellen Wangari Mwangi and Andrew Kiplangat Chemaringo v Paul Kipkorir Kibet. Discretion is not automatic: inordinate delay was admitted, and absent a plausible, satisfactory explanation, the discretion cannot be exercised in the applicant's favour.

p. 2

Legal principles established

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  • A plausible and satisfactory explanation for delay is the key that unlocks the Court's discretionary favour in an extension-of-time application
  • The Court's discretion to extend time arises only after sufficient reason for the extension has been established

Court orders

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  1. 1.The Notice of Motion dated 14th February 2019 seeking extension of time to file the record of appeal is dismissed
  2. 2.Costs of the application awarded to the respondent
On appeal from
Employment and Labour Relations Court at Nyeri
Cause No. 189 of 2016
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Castle Forest Lodge Ltd v Munene (Civil Application 142 of 2019) [2021] KECA 310 (KLR)", Case Analysis (2021). Not stated in the judgment (motion dated 14th February 2019, arising from intended appeal against Employment and Labour Relations Court at Nyeri, Cause No. 189 of 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/310/eng@2021-12-17

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