Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedApplication dated 25th April 2025 (arising from ELRC No. 105 of 2019)· [2025] KECA 2007 (KLR)

Unilever Tea Kenya Limited v Benson Odhiambo Alex

Court of Appeal of Kenya
18 November 2025
886 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal let Unilever Tea file its appeal late because court registry delays — not the company — caused the holdup.

What this practically means

#

Executive summary

#
Unilever Tea Kenya Limited applied under Section 3A of the Appellate Jurisdiction Act and Rules 4, 44 and 45 of the Court of Appeal Rules for leave to file its record of appeal out of time against the judgment and decree of the Employment and Labour Relations Court at Kisumu delivered on 28 July 2022 in ELRC No. 105 of 2019. The application was unopposed: the respondent filed no papers despite service, and did not file submissions despite directions of the Deputy Registrar. The applicant filed a notice of appeal and bespokes proceedings on 11 August 2022, then sent repeated reminders to the Deputy Registrar, ELRC, which elicited no response. The court, per Asike-Makhandia, JA, applied the settled principles from Said v Abdulsheikh and Chemaringo v Kibet: extension of time is an equitable, discretionary remedy requiring a satisfactory explanation of delay, absence of prejudice, and absence of undue delay in applying. The court found the delay attributable to the delayed preparation of typed proceedings, essential to compiling the record under Rules 84(1) and 89, and to the Registry's failure to notify the parties that proceedings had been uploaded on the Court Tracking System. It was also satisfied the respondent would suffer no undue prejudice, the decretal sum having been deposited in a joint interest-earning account, whereas dismissal would deprive the applicant of its right to appeal. The application was allowed: time enlarged, twenty-one days to file the record, costs to abide the intended appeal.

Key legal issues

#
01

Whether the delay in filing the record of appeal was satisfactorily explained

Holding

The delay was occasioned by the delayed preparation and non-notification of typed proceedings; the applicant followed up repeatedly with the Registry, so the delay is sufficiently explained.

Reasoning

The court accepted that the record of appeal cannot be compiled without typed proceedings under Rules 84(1) and 89. The applicant filed a notice of appeal and bespokes proceedings on 11 August 2022 and sent reminders in 2024 and 2025, but the Registry never responded or notified the parties that proceedings had been uploaded on the Court Tracking System in February 2024. Institutional delay by the Registry therefore justified enlarging time.

p. 2
02

Whether the respondent would suffer prejudice if the extension were granted

Holding

No undue prejudice; the decretal sum had been deposited in a joint interest-earning account, whereas dismissal would deprive the applicant of its right to appeal.

Reasoning

The court weighed the comparative prejudice. The respondent was secured because the applicant had deposited the decretal sum in a joint interest-earning account with HFC Ltd in the names of the respective advocates. Conversely, dismissing the application would deny the applicant its constitutional right to exhaust the appellate process. This balance of prejudices supported the exercise of discretion in the applicant's favour.

p. 2

Legal principles established

#
  • Extension of time is a discretionary, equitable remedy; the applicant must explain the delay, show absence of prejudice and demonstrate the application was brought without undue delay.
  • The law prescribes no minimum or maximum period of delay; a plausible and satisfactory explanation unlocks the court's discretion.

Court orders

#
  1. 1.Time is enlarged to enable the applicant to file its record of appeal out of time
  2. 2.The applicant shall have twenty-one days to file the record of appeal
  3. 3.Costs shall abide the outcome of the intended appeal
On appeal from
Employment and Labour Relations Court of Kenya (ELRC) at Kisumu
ELRC No. 105 of 2019
Jurisdiction invoked
Section 3A of the Appellate Jurisdiction Act and Rules 4, 44 and 45 of the Court of Appeal Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Unilever Tea Kenya Limited v Benson Odhiambo Alex", Case Analysis (2025). Application dated 25th April 2025 (arising from ELRC No. 105 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2007/eng@2025-11-18

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