Kemboi v University of Eldoret
The bottom line
#The Court of Appeal dismissed a five-year-old application to file an appeal late because the applicant ignored the court's written directions.
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 application dated 13th July 2020 should be dismissed for the applicant's non-compliance with the Court's directions of 2nd December 2025 under Rule 58(1) of the Court of Appeal Rules, 2022
Key legal issues
#Effect of non-compliance with the Court's directions on the hearing of an application
The application was dismissed for the applicant's failure to comply with the directions issued on 2nd December 2025, despite proof of service of those directions on the applicant's counsel's email address.
The Court relied on Rule 58(1) of the Court of Appeal Rules, 2022, which permits dismissal where an applicant does not appear or comply with directions. The Deputy Registrar's amended hearing notice was sent to the email address the applicant's counsel had used in pleadings and correspondence, establishing service. The applicant filed nothing by the hearing date, so dismissal followed. The merits of the extension application were not considered.
Legal principles established
#- Where an applicant does not appear or comply with directions on the day fixed for hearing of an application, the application may be dismissed under Rule 58(1) of the Court of Appeal Rules, 2022, even where written submissions were directed.
Court orders
#- 1.The application dated 13th July 2020 is dismissed in accordance with Rule 58(1) of the Court of Appeal Rules, 2022 for non-compliance with the directions of the Court issued on 2nd December 2025
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court of Kenya at Nakuru
- ELRC Cause No.1 of 2019
- Jurisdiction invoked
- Sections 3, 3A, 3B and 5 of the Appellate Jurisdiction Act; Rules 4, 47, 58 and 82 of the Court of Appeal Rules, 2022; sections 95, 3A & 3B of the Civil Procedure Act
Relief refused
#Leave to lodge memorandum and record of appeal out of time
Application dismissed for non-compliance with hearing directions; merits of the extension application never reached
Deeming the memorandum and record of appeal as properly on record
Fell with the dismissal of the application for non-compliance
Costs
No costs order was made in the ruling.
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.
If, on any day fixed for the hearing of an application, the applicant does not appear or comply with directions, the application may be dismissed, unless the Court sees fit to adjourn the hearing
I hereby dismiss the application dated 13th July 2020 in accordance with Rule 58 (1) of this Court's Rules for non- compliance with the directions of this Court issued on 2nd December 2025.
Issues in the judgment
#Duplicated reference to section 3B of the Civil Procedure Act in the grounds
Rule 58 quotation is fragmented and misnumbered in the judgment text
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboi v University of Eldoret", Case Analysis (2025). Civil Application 37 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2179/eng@2025-12-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.