Isaac Okoth Maramwa v Lochab Brothers Limited [2016] KEELRC 308 (KLR)
The bottom line
#A Kenyan employer who delayed an appeal for nearly three years lost its hold on the awarded money, which was released to the sacked worker.
What this practically means
#Executive summary
#Key legal issues
#Power to strike out a Notice of Appeal filed out of time without leave
The Court declined to strike out the Notice of Appeal, doubting its own legal power to do so where the Notice was filed outside the prescribed period and no leave to extend time had been obtained
The Court noted the Notice of Appeal was lodged on 21 November 2013, well outside the period following the 12 July 2013 judgment, and that nothing on record showed leave to extend time from either this Court or the Court of Appeal. Nevertheless, it doubted its jurisdiction to strike out such a Notice, reserving that question, and instead addressed the delay through its power over abuse of process.
Release of the deposited decretal sum
The Court found merit in the prayer for release of the funds deposited in the joint interest-earning account and ordered their release to the Claimant's advocate forthwith
The Respondent had consented on 9 December 2013 to a stay pending appeal conditional on deposit of the decretal sum into a joint interest-earning account. The matter then lay dormant for nearly three years, with proceedings ready for collection from 1 July 2014. The Respondent's lack of diligence meant there was no basis to keep the decretal sum held; release was merited.
Inapplicability of Order 45 Civil Procedure Rules to the Employment Court
The Court held that Order 45 Rules 1 and 2 of the Civil Procedure Rules, relied on by the Claimant, govern review applications in the High Court and do not apply to the application before it
The Claimant's motion was anchored on Order 45 Rules 1 and 2 of the Civil Procedure Rules, but the Court observed these provisions concern review before the High Court and have no application to proceedings before the Employment and Labour Relations Court. The Court nonetheless proceeded to determine the motion on its merits.
Legal principles established
#- A court may take judicial notice of the status of its record and determine whether a party's delays amount to abuse of court process
- Rules governing review applications in the High Court under Order 45 of the Civil Procedure Rules do not apply to applications in the Employment and Labour Relations Court
Court orders
#- 1.The amount deposited in the joint interest-earning account in the names of the advocates on record be released forthwith to the Claimant's advocate
- 2.The Claimant to have costs of the motion dated 16 August 2016
- Jurisdiction invoked
- Original and incidental jurisdiction of the Employment and Labour Relations Court over a cause arising from termination of employment; no specific constitutional or statutory provision cited
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isaac Okoth Maramwa v Lochab Brothers Limited [2016] KEELRC 308 (KLR)", Case Analysis (2016). Not stated in the judgment (Cause arising from a Memorandum of Claim filed 7 March 2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/308/eng@2016-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.