Changawa Chome Ngala v Athi River Mining Cement Limited [2019] KEELRC 1667 (KLR)
The bottom line
#Kenya's Employment Court allowed an appeal filed just four days late, showing courts will forgive short, honestly explained delays that harm no one.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of 4 days in filing the Memorandum of Appeal was adequately explained and whether extension of time should be granted
Yes. The Appellant gave a detailed explanation for the delay; the delay was not inordinate, no prejudice was demonstrated against the Respondent, and the Memorandum of Appeal raised substantial issues meriting consideration.
Applying the Raballa factors (length of delay, reason for delay, chances of appeal succeeding, prejudice to Respondent) and the Twaha affirmation that the list of factors is not closed, the court found the Appellant's explanation - non-notification of judgment, loss of phone contacts and relocation of his former advocates - sufficient, and exercised its discretion in his favour.
Legal principles established
#- The factors for consideration in an application to extend time for filing an appeal are not closed and each case is to be considered on its own merit; the Court's discretion is unfettered and it is upon the Applicant to convince the Court that they deserve exercise of discretion in their favour.
Court orders
#- 1.The application dated 16th July 2018 is allowed - leave granted to file the Memorandum of Appeal out of time
- 2.The firm of Wanjiku Mohamed Advocates is directed to perfect its appearance by obtaining and filing written concurrence from the firm of Kariuki, Gathuthi & Company Advocates
- 3.No order for costs
- On appeal from
- Kaloleni Senior Resident Magistrate's Court
- Kaloleni SRMCC No. 20 of 2015
- Jurisdiction invoked
- Inherent discretion to extend time for filing an appeal out of time (not expressly tied to a constitutional or statutory article in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Changawa Chome Ngala v Athi River Mining Cement Limited [2019] KEELRC 1667 (KLR)", Case Analysis (2019). Not stated in the judgment (arising from intended appeal against judgment in Kaloleni SRMCC No. 20 of 2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1667/eng@2019-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.