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Court of AppealAllowedRule 4 Application – Notice of Motion dated 28th November 2025 (ELRCA No. E013 of 2024 appeal)· [2026] KECA 447 (KLR)

Pg Security Limited v Isaac Ndiwa

Court of Appeal of Kenya
6 March 2026
481 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal at Eldoret allowed a late employment appeal, giving the applicant 30 days to file all appeal documents or lose the chance entirely.

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 Eldoret (Gachoka, JA) on a Notice of Motion dated 28th November 2025 brought under sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules 2022, seeking leave to file and serve the notice of appeal, memorandum of appeal and record of appeal out of time. The intended appeal is against the judgment of Onyango, J delivered on 10th July 2025 in ELRCA No. E013 of 2024. The applicant explained that after judgment it inquired of its erstwhile advocates about the outcome, receiving a response only on 13th August 2025, by which time the statutory period for filing an appeal had lapsed; the appeal was not filed by the former advocates, prompting the instruction of the current firm. Counsel for the applicant, Grace Macheru, swore the supporting affidavit. The applicant argued that the delay was neither deliberate nor inordinate, that the appeal had high chances of success, and that irreparable loss would otherwise ensue. The respondent filed no submissions. The court applied the established rule 4 criteria — the merit of the appeal, the prejudice to the respondent, and the period and length of delay — citing Paul Wanjohi Mathenge v Duncan Gichane Mathenge [2013] eKLR, and found the applicant deserving of the Court's discretion. The application was allowed with a 30-day window for filing, failing which the orders lapse automatically; costs of the application were ordered to abide the outcome of the appeal. The decision below was not disturbed at this interlocutory stage.

Key legal issues

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01

Whether to extend time to institute an appeal

Holding

The Court exercised its wide and unfettered discretion under rule 4 in the applicant's favour, finding the delay excusable and that the applicant deserved the benefit of the discretion.

Reasoning

The applicant explained that judgment was delivered on 10th July 2025 and its inquiry to erstwhile advocates elicited a response only on 13th August 2025, after the statutory period had lapsed. The applicant then instructed current advocates. The court considered the merits of the intended appeal, the prejudice to the respondent and the length of delay, and found the applicant deserving of the discretionary relief.

p. 2

Legal principles established

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  • In determining an extension-of-time application under rule 4, the Court considers the merit of the appeal, the prejudice to the respondent, and the period and length of delay.

Court orders

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  1. 1.Leave granted to file the notice of appeal, memorandum of appeal and record of appeal out of time
  2. 2.The applicant to file its notice of appeal, memorandum of appeal and record of appeal within 30 days from the date of the order, failing which the orders lapse automatically without further reference to the Court
  3. 3.Costs of the application to abide the outcome of the appeal
On appeal from
Employment and Labour Relations Court
ELRCA No. E013 of 2024
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules 2022

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, "Pg Security Limited v Isaac Ndiwa", Case Analysis (2026). Rule 4 Application – Notice of Motion dated 28th November 2025 (ELRCA No. E013 of 2024 appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/447/eng@2026-03-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.