Irene Cherono v The Kenya Power and Lighting Company Limited
The bottom line
#Kenya's Court of Appeal refused to excuse a wrong date in a Notice of Appeal, ending the appeal before it began.
What this practically means
#Executive summary
#Key legal issues
#Whether an extension of time under Rule 4 can validate an appeal instituted by a Notice of Appeal citing a wrong date of the impugned judgment
It cannot. A Notice of Appeal is the jurisdictional foundation of an appeal; citing a wrong date identifies a different judicial determination and renders the notice incurably defective. Extension of time cannot issue in aid of a jurisdictionally defective foundation.
The discretion under Rule 4 is wide and unfettered but must be exercised judicially upon settled principles and in furtherance of justice. Before exercising discretion, the Court must be satisfied there is a competent appeal capable of being regularized. Article 159(2)(d) is not a panacea for jurisdictional defects; procedural rules are handmaidens of justice but not irrelevant. Because the Notice of Appeal referenced a judgment delivered on a date different from the actual judgment of 29th January 2025, no competent appeal existed to regularize, and the application was fatally defective regardless of the explanation for delay.
Legal principles established
#- A Notice of Appeal citing the wrong date of the impugned decision is incurably defective and goes to jurisdiction; extension of time cannot cure a jurisdictionally defective foundation.
Court orders
#- 1.The Notice of Motion dated 3rd June 2025 is dismissed with costs to the respondent
- On appeal from
- Employment and Labour Relations Court
- Not stated in the judgment
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Irene Cherono v The Kenya Power and Lighting Company Limited", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/368/eng@2026-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.