Ken-mart Supermarket Limited v Kenya Union of Commercial, Food and Allied Workers
The bottom line
#Kenya's Court of Appeal allowed a 44-day late appeal because the delay was explained, but refused to halt the judgment's enforcement.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of 44 days in filing the notice of appeal and memorandum of appeal should be excused under Rule 4
The delay was found not inordinate and to have been explained, justifying the exercise of discretion to extend time
The court applied the settled Rule 4 principles from Fahir Mohammed v Joseph Mugambi, weighing the period and reason for delay, the prospects of the appeal, and prejudice to the respondent. It accepted the applicant's explanation that the delay was administrative, as it did not receive the judgment in good time, and that it had changed advocates. Finding the delay not inordinate and sufficiently explained, the court exercised its unfettered discretion in the applicant's favour and allowed the extension.
Legal principles established
#- In a Rule 4 extension-of-time application, the court considers relevant but not exhaustive factors including the period and reason for delay, chances of appeal success, prejudice to the respondent, and importance of compliance with time limits
Court orders
#- 1.The applicant to file its notice of appeal and memorandum of appeal within the next 14 days from the date of the order
- 2.Costs of the application to abide the outcome of the appeal
- On appeal from
- Employment and Labour Relations Court
- ELRCC/E006/2025
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ken-mart Supermarket Limited v Kenya Union of Commercial, Food and Allied Workers", Case Analysis (2026). Notice of Motion dated 22nd January 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/431/eng@2026-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.