Makokha & 2 others v Center Star Company Limited
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the inordinate delay of one year and four months was satisfactorily explained
It was not; the Covid-19 pandemic and inability to raise funds were asserted without evidence of how they prevented pursuit of the appeal
The applicants blamed pandemic restrictions and lack of funds but did not explain how these specifically impeded them, nor what efforts they made to raise funds or contact a lawyer. Generalised assertions of disruption do not constitute a plausible and satisfactory explanation for the delay.
Whether the appeal was arguable
The court declined to determine arguability since the application had already failed on the explanation for delay
Having found the delay inordinate and unexplained, the judge expressly declined to address arguability, as the application had failed the threshold on that ground alone. Arguability need not be reached where explanation for delay is dispositive.
Legal principles established
#- In an extension-of-time application the court considers the length of and reasons for delay, prejudice to the other party, and whether the appeal is arguable
- The law fixes no minimum or maximum period of delay, but any delay must be satisfactorily explained and the discretion rests on a plausible and satisfactory explanation
Court orders
#- 1.Application dismissed with no order as to costs
- On appeal from
- Employment and Labour Relations Court at Nairobi
- Cause No. 2177 of 2016
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules and Article 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makokha & 2 others v Center Star Company Limited", Case Analysis (2022). Miscellaneous Civil Application E059 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/744/eng@2022-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.