Kenya Union of Domestic Hotels, Educational Institutions, Hospitals & Allied Workers (Kudheiha) v Nairobi Club [2014] KEELRC 534 (KLR)
The bottom line
#The Employment Court dismissed a union's bid to appeal late, confirming that missed appeal deadlines need a genuinely good reason, not excuses.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Industrial Court to extend time for filing a Notice of Appeal
The Industrial Court has jurisdiction; it is a High Court in status and the High Court's rules apply where its own rules are silent.
The court held that the Industrial Court, established under Article 162(2)(a) with the status of the High Court, may invoke section 7 of the Appellate Jurisdiction Act and High Court procedure where the Industrial Court Procedure Rules make no specific provision. Appeals from the court lie to the Court of Appeal, and applying High Court rules creates no lacuna.
Whether sufficient reason existed to extend time
No sufficient reason was shown; the delay was attributable to the claimants' advocates' lack of diligence.
The court tracked the cause listing and found Muriithi Advocate consistently appeared after the ruling of 10th May 2013 to pursue tabulation of dues without indicating an intention to appeal. The departure of the advocate Mosotah on 30th June 2013 did not excuse the failure. No draft memorandum of appeal had been filed, and the successful party was entitled to assume the fight was over.
Whether the discretionary orders should issue given the parties' conduct
The court declined the orders, considering the conduct of the parties and clean-hands expectations in discretionary applications.
The claim was filed in 2009, had been to the Court of Appeal and back, and there was a judgment and a ruling on review. The claimants had consistently appeared to enforce the ruling and consult on tabulation of dues, and no draft memorandum of appeal had been filed since 10th May 2013, demonstrating the application was not meritorious.
Legal principles established
#- The Industrial Court (Labour Relations Court), being a superior court of record with the status of the High Court under Article 162(2)(a), may apply the High Court rules and section 7 of the Appellate Jurisdiction Act to extend time to file a Notice of Appeal where its own Procedure Rules contain no specific provision, as there is no lacuna.
- An application for extension of time to appeal must be supported by sufficient reason for failing to do what ought to have been done; ordinary diligence on the part of the advocate is expected.
Court orders
#- 1.The orders sought are declined
- 2.The application dated 17th September 2013 is dismissed
- 3.Costs to the respondent
- Jurisdiction invoked
- Article 162(2)(a) of the Constitution (Labour Relations Court with the status of the High Court); section 7 of the Appellate Jurisdiction Act; sections 1A and 1B of the Civil Procedure Act; Order 50 rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Hotels, Educational Institutions, Hospitals & Allied Workers (Kudheiha) v Nairobi Club [2014] KEELRC 534 (KLR)", Case Analysis (2013). Notice of Motion dated 17th September 2013 in Industrial Court cause (claim lodged 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2014/534/eng@2014-03-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.