Stephen Kivandi Kamula v Barclays Bank of Kenya Limited (Now ABSA Bank Kenya PLC)
The bottom line
#Kenya's Court of Appeal gave a bank employee a second chance to file his appeal on time, but made his own lawyers pay the costs for the delay.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under Rule 4 of the Court of Appeal Rules
The motion was allowed; the delays of 14 and 24 days were not inordinate, were explained by counsel's inadvertence, the appeal was arguable, and the applicant would suffer prejudice if the right of appeal was shut out.
The single Judge applied the settled Fakir Mohamed principles: period of delay, reason for delay, arguability of the appeal, and prejudice. The delay was short and attributable to counsel's misperception of when the 60-day period began running. The draft Memorandum of Appeal showed an arguable appeal, and refusal would extinguish the applicant's right of appeal entirely. The discretion, though unfettered, was exercised judiciously, with time limited to 7 days and costs personally imposed on counsel.
Legal principles established
#- The Court has wide unfettered discretion under Rule 4 to extend time, to be exercised judiciously, considering the period and reason for delay, chances of the appeal succeeding, prejudice to the respondent and other relevant factors.
- A delay of 14 days in serving a Notice of Appeal and 24 days in filing an appeal, where explained, is neither inordinate nor unreasonable.
Court orders
#- 1.Leave granted to the applicant to file his Memorandum and Record of Appeal from the judgment of Ongaya, J dated 9th April 2020, within 7 days from the date of the ruling, failing which the orders will stand vacated
- 2.The applicant's Notice of Appeal filed herein deemed as duly served (prayer 2 allowed)
- 3.The name of the respondent, Barclays Bank of Kenya Limited, to be substituted with Absa Banka Kenya Plc (prayer 3 allowed)
- 4.Costs of the motion to be personally borne by the applicant's advocates
- On appeal from
- Employment and Labour Relations Court (High Court of Kenya at Nairobi)
- ELRC Cause No. 269 of 2016
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules; Sections 3, 3A & 3B of the Appellate Jurisdiction Act; Articles 10, 22, 159 and 259 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Kivandi Kamula v Barclays Bank of Kenya Limited (Now ABSA Bank Kenya PLC)", Case Analysis (2022). Civil Appeal (Application) E470 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/846/eng@2022-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.