Tanui v Phillips Pharmaceuticals Limited
The bottom line
#Kenya's Court of Appeal let a worker appeal late because his lawyer failed to tell him about the judgment in time.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the notice of appeal was excusable
The delay was well explained: the applicant's advocate failed to notify him of the judgment until 25 April 2020, and Covid-19 restrictions made it difficult to obtain new counsel after the advocate on record declined further instructions.
The court accepted that the applicant was not personally to blame. His advocate only informed him of the judgment by WhatsApp message on 25 April 2020, and the prevailing Covid-19 movement restrictions made it difficult to instruct new counsel, justifying the filing on 12 June 2020.
Whether the intended appeal is arguable
The intended appeal is not frivolous; the applicant's supplementary affidavit sets out arguable grounds of appeal.
Applying the Mutiso principles, the court found the grounds in the supplementary affidavit sufficient to show the appeal was not frivolous, satisfying the arguability limb of the extension-of-time test.
Whether the respondent would suffer prejudice
Any prejudice to the respondent can be compensated by an award of costs.
The court held that the respondent would not suffer prejudice beyond what costs could compensate, completing the third limb of the extension-of-time principles and supporting the grant of leave.
Legal principles established
#- Extension of time applications are governed by settled principles including length of and explanation for delay, arguability of the appeal, and absence of uncompensatable prejudice.
Court orders
#- 1.Leave granted to the applicant to file and serve a notice of appeal within fourteen (14) days from the date of delivery of the ruling
- 2.Costs of the application to abide the outcome of the intended appeal
- On appeal from
- Employment and Labour Relations Court of Kenya at Mombasa
- E.L.R.C Cause No. 495 of 2018
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal to extend time for filing a notice of appeal (Court of Appeal Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tanui v Phillips Pharmaceuticals Limited", Case Analysis (2022). Civil Application 197 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1049/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.