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Court of AppealAllowedNotice of Motion dated 21st October, 2025 (arising from ELRC Cause No. E062 of 2025)· [2026] KECA 687 (KLR)

Pritty Alumasa v County Public Service Board & 1 other

Court of Appeal of Kenya
31 March 2026
922 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 gave an unemployed worker extra time to appeal her wrongful termination case, accepting financial hardship as a valid excuse.

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 Kisumu on a Notice of Motion dated 21st October 2025 in which the applicant, Pritty Alumasa, sought extension of time to file and serve a Notice of Appeal against a ruling of the Employment and Labour Relations Court at Kisumu (Dr. Gakeri, J.) delivered on 2nd October 2025 in ELRC Cause No. E062 of 2025. The trial court had struck out the applicant's Memorandum of Claim on a preliminary objection, holding that the claim was premature because the dispute resolution mechanisms under the County Government's Act and the Public Service Commission Act had not been exhausted. The statutory fourteen-day period for filing a Notice of Appeal lapsed; the applicant attributed the delay to unemployment, lack of funds to instruct counsel, and the country-wide holiday period from 16th to 20th October 2025. The respondent filed no response. The court applied Rule 4 of the Court of Appeal Rules, 2022 and the principles in Paul Wanjohi Mathane vs Duncan Gichare Mathenge, holding that the discretion is unfettered but must be exercised judiciously. Finding the delay of less than a month not inordinate, the explanation plausible, and no prejudice to the respondent, the court granted the extension, directing that the Notice of Appeal be filed and served within fourteen days, with no orders as to costs.

Key legal issues

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01

Whether the applicant's explanation for the delay in filing the Notice of Appeal was sufficient

Holding

The delay of less than a month was not inordinate and was plausibly explained by the applicant's unemployment and lack of funds to instruct counsel

Reasoning

The court applied the Nicholas Kiptoo Arap Korir principles. It found the delay was less than a month, that the financial hardship of an unemployed former employee was a plausible reason, and that the contested decision related to loss of employment, heightening the stakes. No prejudice was shown to the respondent, who would still have its day in court on appeal.

p. 2

Legal principles established

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  • The power to extend time under Rule 4 is discretionary and unfettered but must be exercised judiciously, guided by the length of and reasons for delay, prejudice to the respondent, and whether the matter raises issues of public importance.

Court orders

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  1. 1.Extension of time granted to lodge and serve the notice of appeal
  2. 2.The Notice of Appeal to be filed and served within fourteen (14) days of the date of the ruling
  3. 3.No orders as to costs
On appeal from
Employment and Labour Relations Court at Kisumu
ELRC Cause No. E062 of 2025
Jurisdiction invoked
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, "Pritty Alumasa v County Public Service Board & 1 other", Case Analysis (2026). Notice of Motion dated 21st October, 2025 (arising from ELRC Cause No. E062 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/687/eng@2026-03-31

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