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 AppealPartially AllowedMotion on notice dated 5th August 2025 (Court of Appeal, Nairobi)· [2025] KECA 2030 (KLR)

Owino Jacob Cattwright v Public Service Commission & 1 other

Court of Appeal of Kenya
28 November 2025
794 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal gave a litigant more time to file his appeal, ruling that a lawyer's mistakes shouldn't be punished on the client.

What this practically means

#

Executive summary

#
This is a single-judge ruling of the Court of Appeal at Nairobi (W. Karanja JA) on a motion dated 5th August 2025 brought under Rule 4 of the Court of Appeal Rules, seeking extension of time to file an appeal against the judgment of the Employment and Labour Relations Court (Ongaya J) dated 21st February 2025. The applicant filed his notice of appeal within time, requested typed proceedings, and a certificate of delay was issued on 5th June 2025; however, the record of appeal was not filed within the 60 days allowed thereafter, and no explanation was given for the delay between 5th June and 5th August 2025 when the motion was filed. The 1st respondent, through an affidavit sworn by its CEO/Secretary Paul Famba, opposed the application solely on the ground that the notice of appeal was not served as required by Rule 77. The court, citing Fakir Mohammed v Joseph Mugambi and Mwangi v Kenya Airways Ltd, applied the established Rule 4 factors: length of and reason for delay, chances of the appeal succeeding, prejudice to the respondent, and related considerations. It observed that the applicant had waited until the 60th day and was 'totally oblivious' of Rule 84(2) and its proviso, but held that the delay was not too long and declined to punish the litigant for counsel's ineptitude. It also declined to entertain the non-service complaint, holding that an extension application is not the forum for striking out a notice of appeal. The application was allowed, with the record of appeal to be filed and served within 14 days, failing which the leave lapses automatically. No costs order was recorded.

Key legal issues

#
01

Whether the inactivity of the applicant after issuance of the certificate of delay justified refusal of extension of time

Holding

Despite the unexplained delay between 5th June and 5th August 2025, the delay was not long and the court exercised its discretion in favour of the applicant, refusing to punish him for counsel's ineptitude.

Reasoning

The court applied the Fakir Mohammed factors. It noted the applicant had 60 days to file the record after receiving typed proceedings and the certificate of delay but waited until the 60th day. There was no explanation for the delay between June and August. Nonetheless, considering the shortness of the delay and that the fault lay with counsel's unfamiliarity with Rule 84(2), the discretion was exercised to allow the application with a 14-day filing deadline.

p. 2
02

Whether non-service of the notice of appeal under Rule 77 defeated the application

Holding

Non-service of the notice of appeal and the letter bespeaking proceedings was acknowledged, but it was not a ground for refusing extension of time; it may only found a separate striking-out application.

Reasoning

The 1st respondent's sole complaint was non-service of the notice of appeal under Rule 77. The court held that an extension-of-time application is not the forum for that complaint; the respondent remains at liberty to move the Court under the relevant provisions for striking out the notice if it wishes to pursue the point.

p. 2

Legal principles established

#
  • The factors for exercising discretion under Rule 4 of the Court of Appeal Rules in extension-of-time applications are as set out in Fakir Mohammed v Joseph Mugambi: delay, reason for delay, chances of appeal succeeding, prejudice to respondent, effect on public administration, compliance with time limits, resources of parties and public importance, all relevant but not exhaustive.
  • An application for extension of time under Rule 4 is not the proper forum to strike out a notice of appeal for want of service; a party wishing to raise non-service must move the Court under the appropriate provisions.
  • Where delay is attributable to counsel's ineptitude, the court will not punish the litigant for it, particularly where the delay is not long.

Court orders

#
  1. 1.Extension of time granted to file the record of appeal
  2. 2.The record of appeal be filed and served within 14 days from the date of the ruling, failing which the leave shall automatically lapse
On appeal from
Employment and Labour Relations Court
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (inherent extension-of-time jurisdiction)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Owino Jacob Cattwright v Public Service Commission & 1 other", Case Analysis (2025). Motion on notice dated 5th August 2025 (Court of Appeal, Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2030/eng@2025-11-28

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