David Ochieng Ogola v Bob Morgan Services Limited
The bottom line
#Kenya's Court of Appeal allowed a 20-day late appeal, showing courts will forgive short, well-explained delays when the applicant acts quickly once aware of the mistake.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 20 days in lodging the notice of appeal was inordinate and whether a sufficient reason was shown
The delay of 20 days was not inordinate; the applicant acted timeously and with diligence once he learned that his remedy lay in an appeal to this Court, and the respondent would have its day in court on the merits.
The Court applied the Rule 4 factors. It found the explanation - miscommunication arising from the applicant's mistaken assumption that the Occupational Safety and Health Offices could enforce compliance - acceptable, noting that the applicant moved the Court timeously upon discovering his remedy lay in appeal. A 20-day delay was held not inordinate and no prejudice to the respondent was established; the respondent's objection went to the merits of the intended appeal, which could be ventilated at the hearing.
Legal principles established
#- The jurisdiction under Rule 4 of the Court of Appeal Rules is discretionary and unfettered, and in exercising it the Court must consider the reason for the delay, the length of the delay, possible prejudice to the respondent, and the strength or otherwise of the intended appeal.
Court orders
#- 1.The application is allowed
- 2.The applicant is granted leave to appeal out of time
- 3.The notice of appeal shall be filed and served within fourteen days of the date of the ruling
- 4.The respondent shall have the costs of the application
- On appeal from
- Employment and Labour Relations Court (ELRC)
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (discretionary jurisdiction to extend time for lodging a notice of appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Onyango v Achola (Environment and Land Case 433 of 2017) [2026] KEELC 1831 (KLR)[2026] KEELC 1831 (KLR)9 Mar 2026
Cite this brief
#Cite this brief
Caselaw, "David Ochieng Ogola v Bob Morgan Services Limited", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1389/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.