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Case Brief · caselaw.co.ke
Court of AppealDismissedApplication dated 16th May 2023· [2026] KECA 198 (KLR)

Kenya Aviation Workers Union v Kenya Airways Limited

Court of Appeal
6 February 2026
248 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi by W. Karanja JA delivered on 6th February 2026, determining an application by the Kenya Aviation Workers Union dated 16th May 2023 seeking extension of time to file and serve a record of appeal against the judgment and decree of Rika J dated 10th June 2022, which had dismissed the Union's claim for damages for wrongful dismissal of its members. The Court noted that Kathurima M'Inoti JA had, by ruling dated 11th October 2024, already dismissed an earlier application for extension of time by the same party against the same judgment. Being dissatisfied, the Union moved the Court by way of reference to the full Court under Rule 57 of the Court of Appeal Rules, which reference was dismissed on 20th December 2024. The Court held that the applicant's return to the Court seeking the same orders was a gross abuse of the court process, and that the application, having already been determined on its merits by a full Court, was res judicata and could not be entertained. The application was dismissed with costs to the respondent. No authorities were cited; the disposition consists of the dismissal and the costs order. No separate opinions were written.

Key legal issues

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01

Res judicata and abuse of process in repeat extension-of-time applications

Holding

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.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The application dated 16th May 2023 for extension of time is dismissed
  2. 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

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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, "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.