Lenny Kimathi Murungi v Kenya Wine Agencies Limited [2021] KEELRC 466 (KLR)
The bottom line
#Kenya's Employment Court excused a one-day late appeal filing caused by e-filing problems, confirming that short delays with honest reasons will be forgiven.
What this practically means
#Executive summary
#Key legal issues
#Whether the one-day delay in filing the memorandum of appeal was excusable
Yes; the delay of one day was insignificant, no prejudice was cited by the Respondent, and the reason (inability to access the e-filing portal) was reasonable.
The Court applied the factors in Edith Gichugu Koine: period of delay, reason for delay and prejudice to the respondent. The appeal was filed one day after expiry of the 30-day period due to a technological hitch at counsel's offices on the e-filing portal, an unprecedented challenge beyond counsel's control. The Respondent did not controvert these averments nor demonstrate any prejudice.
Whether the Respondent's objection based on the existence of another appeal (E016 of 2021) defeated the application
No; the Respondent produced no pleadings or grounds of the alleged appeal, grounds of opposition cannot substitute evidence, and there was no application to strike out the appeal.
The Respondent relied on grounds of opposition alleging a duplicate appeal in which the applicant ought to cross-appeal. However, no copy of the pleadings in that appeal was availed, its grounds were unknown, and there was no application for striking out. The authority cited by the Respondent specifically concerned striking out a cross-appeal as an abuse of process and was unhelpful here.
Legal principles established
#- In an extension of time application, the relevant considerations are the period of delay, the reason for delay and the prejudice to the Respondent.
- Grounds of opposition cannot take the place of evidence or be used to adduce facts.
Court orders
#- 1.The time of filing the Appeal against the Judgment of Honourable Kagoni E. M, Principal Magistrate delivered on 26th January, 2021 in Nairobi CMCC 3516 of 2006 be and is hereby extended
- 2.The Applicant's Appeal dated 25th February, 2021 be and is hereby admitted by this Court as duly filed and served
- 3.The costs of the application shall be in the appeal
- On appeal from
- Chief Magistrate's Court, Nairobi
- Nairobi CMCC 3516 of 2006
- Jurisdiction invoked
- Section 79G Civil Procedure Act; Order 50 Rule 5 Civil Procedure Rules; Sections 57 and 59 Interpretation and General Provisions Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Okomo v KCB Bank Kenya Limited (Cause 80 of 2019) [2023] KEELRC 945 (KLR)[2023] KEELRC 945 (KLR)20 Apr 2023applied
Cite this brief
#Cite this brief
Caselaw, "Lenny Kimathi Murungi v Kenya Wine Agencies Limited [2021] KEELRC 466 (KLR)", Case Analysis (2021). ELRC Civil Appeal (Nairobi) - Application dated 9th March 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/466/eng@2021-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.