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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in judgment (applicant's motion dated 17th August 2021; referenced Civil Application No. NAI 191 of 2019)· [2026] KECA 1114 (KLR)

Andrew Muchiri v Kenya Airways Limited

Court of Appeal
12 June 2026
GOG. V. OdungaGOG. I. Ong’udiBOB. Ongaya
1,226 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 struck out an employee's appeal because the notice of appeal was served late without permission, ending the case against Kenya Airways.

What this practically means

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Executive summary

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Kenya Airways Limited moved the Court of Appeal, Nairobi, under Rules 77(1) and 84 of the Court of Appeal Rules, 2022, seeking striking out of the respondent's notice of appeal dated 21st June 2021 and record of appeal dated 2nd July 2021. The applicant explained that leave to file and serve the notice of appeal out of time had been granted in Civil Application No. NAI 191 of 2019 by a ruling of 18th June 2021, requiring compliance within 14 days. The respondent conceded, through counsel at the hearing, that service of the notice of appeal was effected late, on 28th July 2021, and that no leave was sought or obtained for the belated service. His advocates attributed the lapse to downsizing of the firm and loss of staff, including the process server, and relied on authorities urging that the appeal be heard on its merits. The Court held that the respondent had conceded failure to serve within the mandatory period and had not sought further leave to regularise the position, finding the applicant justified. It allowed the application, struck out both the notice of appeal and the record of appeal, and ordered the respondent to pay the costs of the application. The consequence is that the appeal cannot proceed, and the underlying ELRC decision stands undisturbed.

Key legal issues

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01

Validity of a notice of appeal served out of time without leave

Holding

The notice of appeal served late, without further leave to regularise, is invalid and renders the record of appeal defective and incapable of prosecution.

Reasoning

The Court had earlier granted leave to file and serve the notice of appeal out of time, imposing a 14-day compliance window. The respondent admitted that service was effected after the deadline and that no further leave was sought. The Court treated the service requirement as mandatory and found the applicant justified in seeking striking out. Because a valid notice of appeal is foundational, the record of appeal built on it could not stand and both were struck out with costs.

p. 3

Legal principles established

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  • A notice of appeal must be served within the time prescribed by the Court of Appeal Rules notwithstanding leave to file and serve out of time; failure to do so, without further leave, renders the notice and the record of appeal liable to be struck out.

Court orders

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  1. 1.The respondent's notice of appeal dated 21st June 2021 is struck out
  2. 2.The respondent's record of appeal dated 2nd July 2021 is struck out
  3. 3.The respondent to pay the costs of the application
On appeal from
Employment and Labour Relations Court (ELRC)
Not stated
Jurisdiction invoked
Rules 77(1) and 84 of the Court of Appeal Rules, 2022 (application), within the Court of Appeal's appellate jurisdiction

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, "Andrew Muchiri v Kenya Airways Limited", Case Analysis (2026). Not stated in judgment (applicant's motion dated 17th August 2021; referenced Civil Application No. NAI 191 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1114/eng@2026-06-12

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