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Case Brief · caselaw.co.ke
Court of AppealDismissedCivil Application 37 of 2020

Kemboi v University of Eldoret

Court of Appeal
15 December 2025
765 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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The applicant, Nathan Kipruto Kemboi, moved the Court of Appeal by notice of motion dated 13th July 2020 seeking leave to lodge a memorandum and record of appeal out of time from the judgment and decree of the Employment and Labour Relations Court at Nakuru (Mbaru, J.) dated 21st November 2019 in ELRC Cause No.1 of 2019, and an order deeming the memorandum and record of appeal as properly on record. The application, supported by an affidavit sworn by the applicant's counsel, cited a timely notice of appeal filed on 28th November 2019, a six-month registry delay in supplying certified proceedings, a certificate of delay issued on 29th June 2020, and covid-19 related downscaling of the counsel's law firm. The respondent opposed through written submissions dated 1st December 2025. By an amended hearing notice of 2nd December 2025, the Deputy Registrar directed that the application be heard by written submissions with no appearance required. When the application came up on 15th December 2025, the applicant had not complied with those directions, although the directions were sent to the same email address the applicant's counsel had used in pleadings and prior correspondence. Mativo, JA, dismissed the application under Rule 58(1) of the Court of Appeal Rules, 2022 for non-compliance with the Court's directions. The merits of the intended appeal and the extension-of-time grounds were not reached. No costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 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

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01

Effect of non-compliance with the Court's directions on the hearing of an application

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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

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One judgment of the whole court — no separate or dissenting opinions.

majority

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

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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

p. 2

Deeming the memorandum and record of appeal as properly on record

Fell with the dismissal of the application for non-compliance

p. 2

Costs

No costs order was made in the ruling.

Quotable passages

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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
Rule 58(1) Court of Appeal Rules - dismissal for non-compliance
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.
p. 2Final orders - dismissal of the application

Issues in the judgment

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minor

Duplicated reference to section 3B of the Civil Procedure Act in the grounds

minor

Rule 58 quotation is fragmented and misnumbered in the judgment text

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.