Kenya Aviation Workers Union v Kenya Airways Limited
The bottom line
#Kenya's Court of Appeal ruled that once your request for extra time to appeal has been fully decided, you cannot simply ask again — repeated applications waste the court's time and cost you money.
What this practically means
#Executive summary
#Key legal issues
#Res judicata and abuse of process in repeat extension-of-time applications
A second application for the same extension of time orders, after dismissal of the first application by a single judge and of the reference thereon by a full Court, is res judicata and gross abuse of court process.
The applicant sought extension of time to file a record of appeal against a judgment of Rika J dismissing its members' claim. A single judge (M'Inoti JA) dismissed a prior identical application, and the reference to the full Court under Rule 57 was also dismissed on 20th December 2024. Bringing the same application a third time was held to be an abuse of process, and the application was dismissed with costs.
Legal principles established
#- An application for extension of time that has been determined on its merits, including on reference to a full Court, cannot be brought afresh; doing so is res judicata and an abuse of court process
Court orders
#- 1.The application dated 16th May 2023 for extension of time is dismissed
- 2.Costs of the application awarded to the respondent
- On appeal from
- Employment and Labour Relations Court
- null
- Jurisdiction invoked
- Rule 57 of the Court of Appeal Rules (reference to full Court); application for extension of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Aviation Workers Union v Kenya Airways Limited", Case Analysis (2026). Application dated 16th May 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/198/eng@2026-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.