Mwingi Mwalimu Savings & Credit Co-operative Society Limited v Kasina (Civil Application E670 of 2024) [2025] KECA 1961 (KLR)
The bottom line
#Kenya's Court of Appeal gave an employer extra time to file its appeal, ruling that time only starts running once the advocate is actually notified that court proceedings are ready for collection.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted extension of time to file and serve a memorandum and record of appeal
- 2.Whether the delay of about 51 days was inordinate and sufficiently explained
- 3.Whether the intended appeal is arguable and whether the respondent would suffer prejudice if extension is granted
Key legal issues
#Computation of the 60-day period for lodging a record of appeal where proceedings were ready but the advocate was not notified
Time runs from the date the certificate of delay was supplied, since there was no evidence the advocate had been notified that the proceedings were ready for collection.
The certificate of delay showed the proceedings were ready on 30th July 2024, but the respondent produced no evidence that the applicant's advocates were notified. Absent notification, the applicant cannot be penalised for non-collection. The court therefore computed time from 24th October 2024 when the certificate was supplied, making the delay to 3rd December 2024 about 51 days.
Whether a delay of about 51 days with a certificate of delay explanation is inordinate
A delay of about 51 days, well explained by the late supply of proceedings, is not inordinate and warrants extension of time.
Applying the Mutiso factors, the court found the delay explained, the appeal not frivolous on a review of the draft memorandum, and prejudice to the respondent compensable by costs. The applicant's constitutional right of appeal was weighed against any prejudice, and the matter having been in court since 2016, extension was granted on terms as to costs and a 14-day filing period.
Legal principles established
#- In an application for extension of time the court exercises unfettered but judicious discretion, considering the length of and reasons for the delay, the chances of success of the intended appeal, and prejudice to the respondent.
- Where there is no evidence that a party's advocate was notified that typed proceedings were ready for collection, time for filing the appeal is computed from the date the proceedings and certificate of delay were actually supplied, not from the date they were ready for collection.
Court orders
#- 1.Extension of time granted for filing and serving the memorandum and record of appeal
- 2.The memorandum and record of appeal to be filed and served within 14 days from the date of the ruling
- 3.Applicant to bear the costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- ELRC Case No. 1442 of 2016
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal to extend time for filing a memorandum and record of appeal
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In an application for extension of time, the court exercises unfettered discretion, but that discretion has to be exercised judiciously. Among the factors that the court takes into consideration are: the lengthy of the delay, the reasons for the delay, possibly the chances of success of the intended appeal, and the degree of prejudice that the respondent may sufier if the orders sought are granted.
the court must weigh the same against the applicant's desire to exercise its constitutional right of appeal.
Consequently, I allow this application and direct that the memorandum and record of appeal be filed and served within 14 days from the date of this ruling. The applicant shall bear the cost of the application.
Issues in the judgment
#The judgment refers to the decision below variously as a 'judgment and decree' and as the 'impugned ruling', though both are dated 20th February 2024.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwingi Mwalimu Savings & Credit Co-operative Society Limited v Kasina (Civil Application E670 of 2024) [2025] KECA 1961 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1961/eng@2025-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.