Francis Ochieng Oiro v Nairobi City County Government
The bottom line
#Kenya's Court of Appeal allowed an 82-day late appeal because the lawyer's mistake in filing shouldn't punish the client.
What this practically means
#Executive summary
#Key legal issues
#Whether the 82-day delay in filing the notice of appeal was inordinate and excusable
The delay was not inordinate and was adequately explained, being attributable to the former counsel's omission in failing to file a notice of appeal alongside the request for proceedings.
The judgment was delivered on November 6, 2020 and the motion lodged on January 27, 2021, a delay of 82 days. The record showed the former counsel requested typed proceedings on November 13, 2020 but filed no notice of appeal. The court construed this as an omission attributable to former counsel, a mistake that should not prevent the applicant from pursuing the appeal. Upon realising the error, the applicant promptly instructed new counsel who obtained proceedings and filed the appeal documents.
Whether the respondent would suffer prejudice if extension was granted
No prejudice would be occasioned to the respondent beyond having to mount a defence against the appeal.
The court found the applicant entitled to ventilate his appeal before the Court of Appeal. The only effect on the respondent would be that it would have to defend the appeal, which does not amount to cognisable prejudice for purposes of a rule 4 extension of time application.
Legal principles established
#- Under rule 4 of the Court of Appeal Rules, the court has an unfettered discretion to extend time, to be exercised judiciously having regard to the length of the delay, the reason for the delay, the chances of success of the appeal, and prejudice to the respondent.
- A mistake or omission by a party's former counsel in failing to file a notice of appeal should not be visited on the party or prevent the pursuit of the appeal.
Court orders
#- 1.Time extended to lodge the appeal
- 2.The notice of appeal, memorandum and record of appeal lodged on January 25, 2021 deemed as properly filed and served on the respondent
- 3.Costs in the appeal
- On appeal from
- Employment and Labour Relations Court at Nairobi
- Petition Number 198 of 2019
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 and rule 82 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Wambugu v H. Young & Co. East Africa Ltd[2026] KEELRC 2648 (KLR)25 Sept 2026applied
- Republic v Parliamentary Service Commission & Reuben Chesire Kimosop (Ex-parte Applicant)[2026] KEELRC 2465 (KLR)21 Sept 2026
Cite this brief
#Cite this brief
Caselaw, "Francis Ochieng Oiro v Nairobi City County Government", Case Analysis (2022). Civil Appeal (Application) E023 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1171/eng@2022-10-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.