Techomed Ltd v Merwe (Civil Application E043 of 2026) [2026] KECA 1391 (KLR)
The bottom line
#Kenya's Court of Appeal allowed an applicant more time to file a record of appeal because former advocates failed to collect certified proceedings.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the court should extend the time within which to file and serve the record of appeal
- 2.Whether the reasons advanced for the delay in filing the record of appeal are excusable
- 3.Whether the delay was inordinate and whether the respondent would suffer prejudice if the extension is granted
Key legal issues
#Whether the applicant's failure to file the record of appeal in time, attributable to former advocates' failure to collect certified proceedings, justified an extension of time under rule 4.
The reason advanced was excusable, the delay was not inordinate, the application was unopposed, and the application was allowed.
The court found that the applicant was let down by its former advocates who failed to collect the certified typed copies of proceedings when they were ready. By the time new advocates were instructed, the filing period had elapsed. The court accepted this as an excusable reason, found the delay not inordinate, noted the application was unopposed, and exercised its discretion in the applicant's favour.
Legal principles established
#- The jurisdiction under rule 4 of the Court of Appeal Rules to extend time is discretionary and unfettered, but guided by settled principles: the length of the delay, the reasons for the delay, whether the appeal is arguable, and whether the respondent will be prejudiced.
Court orders
#- 1.Extension of time granted to file and serve the record of appeal
- 2.The applicant to file and serve the record of appeal within fourteen (14) days of the date of the ruling
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court (ELRC), Nairobi
- Nairobi Employment and Labour Relations Court Cause No. E1029 of 2023
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The applicant shall file and serve the record of appeal within fourteen (14) days of today’s date. There shall be no orders as to costs.
This court is persuaded by the reason advanced by the applicant for its failure to file the record of appeal in time. It is excusable. The period of delay is not inordinate. The application is unopposed. The application has merit and shall be allowed.
Issues in the judgment
#The judgment does not state the names of the parties, the appeal/case number of the application before the Court of Appeal, or a neutral citation, making full identification of the case impossible from the text alone.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Techomed Ltd v Merwe (Civil Application E043 of 2026) [2026] KECA 1391 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1391/eng@2026-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.