Pg Security Limited v Isaac Ndiwa
The bottom line
#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
#Executive summary
#Key legal issues
#Whether to extend time to institute an appeal
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.
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.
Legal principles established
#- 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
#- 1.Leave granted to file the notice of appeal, memorandum of appeal and record of appeal out of time
- 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.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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.