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Court of AppealAllowedMotion on notice (Court of Appeal, Nairobi) – appeal pending at registry· [2024] KECA 843 (KLR)

Kenyatta University v Thomas & 25 others (Civil Application E494 of 2022) [2024] KECA 843 (KLR)

Court of Appeal of Kenya
12 July 2024
SKS. ole KantaiJMJ. MativoGNG. W. Ngenye-Macharia
591 words in judgment
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The bottom line

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The Court of Appeal fast-tracked 26 former Kenyatta University employees' pending appeal because their advanced age, poor health and lack of income justified a priority hearing date.

What this practically means

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Executive summary

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This was an interlocutory motion before the Court of Appeal in Nairobi in which 26 former employees of Kenyatta University, led by Francis Libechi, sought to have their pending appeal against the university fast-tracked. The applicants had succeeded in the High Court, where each was awarded Kshs.280,380 and an order of reinstatement. The university appealed on 22nd July 2022, but the appeal had not been allocated a hearing date despite letters from the applicants' advocates seeking an urgent date. The applicants, said to be of advanced age and suffering multiple health complications, supported the motion with medical records and deposed that the loss of their jobs left them without income. The motion was brought under Section 3A of the Appellate Jurisdiction Act and Article 159 of the Constitution. Counsel for both sets of applicants urged priority listing; counsel for the university, though having filed no documents, raised no objection. The court, per a single judgment of the full bench of Kantai, Mativo and Ngenye-Macharia, JJA, found that the applicants had demonstrated age, ill-health and a pending unlisted appeal, and held them deserving of a priority hearing date. The motion was allowed, the appeal file was to be placed before the President of the Court of Appeal for allocation of a priority hearing date, and costs of the motion were made costs in the appeal. The judgment did not disturb the High Court decision; it concerned only case management and listing.

Key legal issues

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Whether an appeal should be fast-tracked on grounds of the applicants' advanced age, poor health and loss of income

Holding

The court allowed the motion, directing that the appeal file be placed before the President of the Court of Appeal for allocation of a priority hearing date.

Reasoning

The record of appeal had been filed and was awaiting hearing with no date allocated. The applicants, successful in the High Court against their employer, were of advanced age, in poor health requiring medical attention, and without income. The medical records exhibited supported the claim. The respondent raised no objection. The court found the applicants deserving of priority listing, invoking Section 3A of the Appellate Jurisdiction Act and Article 159 of the Constitution.

p. 3

Legal principles established

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  • A litigant who demonstrates advanced age and poor health requiring medical attention is deserving of a hearing date on the basis of priority for an appeal pending before the Court.

Court orders

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  1. 1.The motion is allowed
  2. 2.The appeal file to be placed before the President, Court of Appeal, to allocate a hearing date on the basis of priority
  3. 3.Costs of the motion to be in the appeal

Authorities

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Legislation

  • Appellate Jurisdiction ActSection 3A
  • Constitution of Kenya, 2010Article 159
On appeal from
High Court
Jurisdiction invoked
Section 3A of the Appellate Jurisdiction Act; Article 159 of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenyatta University v Thomas & 25 others (Civil Application E494 of 2022) [2024] KECA 843 (KLR)", Case Analysis (2024). Motion on notice (Court of Appeal, Nairobi) – appeal pending at registry. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/843/eng@2024-07-12

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.