June Jebet v Director General Kenya School of Government & Director Baringo Campus [2021] KEELRC 1174 (KLR)
The bottom line
#Kenya's Employment Court excused the Attorney General's late appeal filing, blaming COVID-19 court closures, and gave 14 days to appeal a Kshs 594,565 award.
What this practically means
#Executive summary
#Key legal issues
#Defective annexures under Rule 9 of the Oaths and Statutory Declaration Rules
Rejected; the application was nonetheless allowed despite the complaint
The Respondent relied on Kenya National Union of Nurses –v- Kiambu County Public Service to argue that unsealed, unmarked annexures render the affidavit improper and liable to be expunged, warranting dismissal of the motion. The court, however, did not expunge the affidavit and proceeded to determine the application on the merits.
Lis pendens / sub-judice and loss of right to appeal
Rejected; the pending judicial review did not bar the application
The Respondent argued that the pending Judicial Review Application number 1 of 2021 seeking mandamus, and section 6 of the Civil Procedure Act, rendered the application sub-judice, and that filing the judicial review extinguished the Applicant's right of appeal. The court did not uphold these objections and allowed the application.
Whether the delay in filing the appeal out of time was excusable
Delay excused; time enlarged
The court found the Applicant had an expectation of pursuing an appeal and that the failure to file in time was attributable to COVID-related closure of courts. The initial filing on 28th July 2020 in the wrong forum was treated as a timeous approach, regularized once the anomaly was noted. The inordinate-delay objection was rejected.
Legal principles established
#- Enlargement of time to file an appeal is a matter of the court's discretion
Court orders
#- 1.The application is allowed
- 2.Stay orders granted pending filing and hearing of the appeal
- 3.Time enlarged; the appeal to be filed within 14 days
- 4.Costs in the cause
- On appeal from
- Employment and Labour Relations Court (trial court, Hon. Limo)
- ELRC Cause number 109 of 2018
- Jurisdiction invoked
- Sections 79G and 95 of the Civil Procedure Act and Article 50 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "June Jebet v Director General Kenya School of Government & Director Baringo Campus [2021] KEELRC 1174 (KLR)", Case Analysis (2021). Civil Miscellaneous Application (filed 20th April 2021, refiled 9th February 2021; originally filed as Civil Miscellaneous Number 109 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1174/eng@2021-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.