Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNakuru ELRCA No. 2 of 2020· [2022] KEELRC 1512 (KLR)

Royal Group Industries (K) Ltd v Ombui (Employment and Labour Relations Appeal 2 of 2020) [2022] KEELRC 1512 (KLR)

Employment and Labour Relations Court
16 June 2022
DNDavid Nderitu
890 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan employment court struck out an appeal filed past its deadline, confirming late appeals are null and void.

What this practically means

#

Executive summary

#
This is a ruling of the Employment and Labour Relations Court at Nakuru on a Notice of motion dated January 31, 2022 by the respondent/applicant seeking to have the memorandum of appeal declared a nullity and struck out. The background is a judgment of the lower court (Hon. Limo B. Benjamin) delivered January 30, 2020 awarding the respondent 12 gross monthly salaries for unfair termination, notice pay, leave pay and costs. The appellant sought extension of time in Nakuru ELRC Misc No. 4 of 2020, and Mbaru J on July 7, 2020 granted 14 days to file an appeal. The memorandum of appeal was nonetheless filed on September 7, 2020, well beyond even the most generous calculation of the deadline. Moreover, the appellant filed two appeals over the same subject matter (Nos. 2 and 12 of 2020), which its own counsel admitted; Appeal No. 12 was dismissed for want of prosecution on November 17, 2021. The court held that both appeals were filed out of the time granted and were therefore null and void, following the Supreme Court's decision in Nicholas Kiptoo Arap Korir Salat v IEBC that an appeal filed out of time is an illegality, null and void. It also found the duplicate filings to be an abuse of process. The motion was allowed, the memorandum of appeal struck out with costs, and the ruling applied mutatis mutandis to Appeal No. 12 of 2020.

Key legal issues

#
01

Validity of an appeal filed outside an extended time

Holding

The memorandum of appeal was filed on September 7, 2020, long after the 14 days granted had expired on or about July 31, 2020, rendering the appeal null and void.

Reasoning

The court examined the ruling of Mbaru J in Misc. No. 4 of 2020 delivered July 7, 2020 granting 14 days to file an appeal. Even the most generous calculation placed expiry no later than July 31, 2020. The memorandum of appeal was filed September 7, 2020 without any further extension, and counsel admitted filing two appeals over the same subject matter, which was abuse of process.

p. 2
02

Abuse of court process by duplicative appeals

Holding

Filing two appeals over the same subject matter (Nos. 2 and 12 of 2020) and failing to withdraw either amounted to abuse of the court process.

Reasoning

Counsel for the appellant admitted in paragraph 16 of the replying affidavit that both appeals concerned the same subject matter. The court regarded the filing of duplicative appeals and the failure to withdraw either as an abuse of process, reinforcing the decision to strike out the memorandum of appeal.

p. 2

Legal principles established

#
  • An appeal filed out of time is an illegality, null and void

Court orders

#
  1. 1.The Notice of motion dated January 31, 2022 is allowed
  2. 2.The memorandum of appeal filed herein is struck out with costs
  3. 3.The appeal, if any existed, is dismissed with costs as the same is an illegality, null and void
  4. 4.This ruling applies mutatis mutandis to Appeal No. 12 of 2020

Authorities

#

Cases cited (1)

  • Nicholas Kiptoo Arap Korir Salat v IEBC & others
    (2014) eKLR
On appeal from
null
null
Jurisdiction invoked
Appellate jurisdiction of the Employment and Labour Relations Court over appeals from the lower court; motion under the court's inherent/procedural powers

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Royal Group Industries (K) Ltd v Ombui (Employment and Labour Relations Appeal 2 of 2020) [2022] KEELRC 1512 (KLR)", Case Analysis (2022). Nakuru ELRCA No. 2 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1512/eng@2022-06-16

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.