University of Nairobi v Bernard Nyamai Ileve [2022] KEELRC 624 (KLR)
The bottom line
#Kenya's Employment Court let the University of Nairobi appeal late and paused the KSh 1.9M award, because it acted promptly and showed an arguable appeal.
What this practically means
#Executive summary
#Key legal issues
#Reasonable time for lodging an application for extension of time
The delay was reasonable because the Applicant applied for the judgment copy immediately upon delivery and lodged the application shortly after receiving it
The Court found the Applicant applied for a copy of the Judgment on the date of delivery, was supplied only on 11th October 2021, and filed the application on 26th October 2021. Measured from receipt of the judgment rather than delivery, the Applicant acted within a reasonable time.
Arguability of the intended appeal
The draft Memorandum of Appeal exhibited disclosed an arguable appeal with reasonable chances of success
The Court examined the exhibited Draft Memorandum of Appeal and was satisfied it raised arguable issues with reasonable chances of success, a standard threshold for granting leave and stay. The Court did not require the appeal to be certain to succeed.
Prejudice to the Respondent if stay is granted
No prejudice would ensue because the suit proceeded on written pleadings under Rule 21, so the record of appeal would be prepared quickly and the appeal heard within a reasonable time
The Court considered the procedural history: the trial suit proceeded under Rule 21 of the E&LRC Procedure Rules, 2016, without prolonged oral proceedings, meaning the Record of Appeal could be compiled expeditiously. The Respondent therefore faced no risk of prolonged delay or prejudice in processing and hearing the appeal.
Legal principles established
#- An applicant for extension of time who promptly requested a copy of the judgment and moved the court within a reasonable time of obtaining it satisfies the reasonable-delay requirement.
- An arguable appeal, disclosed through a draft memorandum of appeal, supports both extension of time and stay pending appeal.
Court orders
#- 1.The Applicant is granted leave to file Appeal out of time.
- 2.The Memorandum of Appeal annexed to the Application shall be deemed properly filed, upon payment of the requisite court fees.
- 3.Judgment and/or Decree of the Trial Court is stayed, pending hearing and determination of the Appeal.
- 4.Costs in the Appeal.
- On appeal from
- Chief Magistrate’s Court at Nairobi
- MCERC No. 1444 of 2019
- Jurisdiction invoked
- Appellate/supervisory jurisdiction of the Employment and Labour Relations Court over appeals from the subordinate court; Suit before the Trial Court proceeded under Rule 21 of the E&LRC [Procedure] Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "University of Nairobi v Bernard Nyamai Ileve [2022] KEELRC 624 (KLR)", Case Analysis (2022). Not stated in extract (Application dated 25th October 2021, arising from an intended Appeal from MCERC No. 1444 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/624/eng@2022-03-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.