Samuel Ngoru Kamau & 727 Others v National Water Conservation & Pipeline Conservation t/a National Water Harvesting & Storage Authority; Ministry of Water and Sanitation (Interested Party)
The bottom line
#Kenya's Court of Appeal gave 728 former water workers more time to appeal because the court itself delayed giving them the documents they needed.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the appeal was adequately explained and whether extension of time should be granted
The delay was explained by the ELRC's failure to supply proceedings and ruling on time; the respondent would suffer no prejudice, so extension was granted.
The court applied the Fakir Mohamed principles: length and reason for delay, chances of success, and prejudice to the respondent. The applicants applied for proceedings on the day of delivery and filed notice of appeal the next day; the delay was attributable to the trial court's failure to supply the proceedings and ruling. No prejudice to the respondent was identified, and the overriding objective favoured hearing the applicants on appeal.
Legal principles established
#- The exercise of the Court of Appeal's discretion under Rule 4 on extension of time is unfettered, guided by relevant factors including delay, reason for delay, chances of success, and prejudice to the respondent.
- Sections 3A and 3B of the Appellate Jurisdiction Act require the Court to ensure factors considered are consonant with the overriding objective of just, expeditious, proportionate and affordable resolution of disputes.
Court orders
#- 1.Extension of time granted for the applicants to file their appeal
- 2.Appeal to be filed within 30 days of 20th May 2022
- 3.Costs of the Motion to be in the appeal
- On appeal from
- Employment and Labour Relations Court of Kenya at Nairobi
- ELRC Petition No. 6 of 2019
- Jurisdiction invoked
- Article 152(d) of the Constitution of Kenya, 2010; Sections 3, 3A, 3B of the Appellate Jurisdiction Act; Rules 1(2), 4, 75 and 82 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Ngoru Kamau & 727 Others v National Water Conservation & Pipeline Conservation t/a National Water Harvesting & Storage Authority; Ministry of Water and Sanitation (Interested Party)", Case Analysis (2022). Civil Application E278 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/867/eng@2022-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.