Kenya Ports Authority v Wandera (Suing as the Administrattix of the Estate of Alois Wandera Odhiambo - Deceased) (Appeal 8 of 2016) [2023] KEELRC 2263 (KLR)
The bottom line
#Kenya's Employment Court dismissed Kenya Ports Authority's 14-year-old appeal because its lawyers claimed to have filed submissions that never appeared on the court record.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal could proceed without written submissions on the record
The appeal was dismissed because no written submissions were on the record, physical or on the Case Tracking System, despite the appellant's advocates claiming they had filed and served them
The court traced the procedural history: directions for written submissions issued on multiple dates in 2023, the appellant's advocates repeatedly claimed the submissions had been filed and served, yet neither the physical file nor the CTS portal contained them. The respondent denied service and later failed to attend or respond. The court held that after 13 years of delay, including 7 years before this court, and given the indulgence granted following a notice to show cause, the appeal could not be maintained.
Whether the inordinate delay and non-cooperation by both parties warranted dismissal with each party bearing own costs
The court dismissed the appeal and noted the respondent's lack of cooperation, ordering each party to bear their own costs
The court observed that the appellant's sheer inaction caused 13 years of delay, that no reasons were given for the absence of submissions after a notice to show cause, and that the respondent had also not been cooperative in the proceedings. Both factors informed the dismissal and the neutral costs order, with no party awarded costs against the other.
Legal principles established
#- An appellant who fails to file written submissions to support the appeal, after being indulged by the court, risks dismissal of the appeal; inaction and misrepresentation of service indicate loss of interest
Court orders
#- 1.The appeal is dismissed
- 2.Each party to bear own costs
- On appeal from
- Chief Magistrate's Court, Mombasa
- Mombasa CMCC No.2198 of 2008
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over appeals from subordinate courts (transferred from the High Court; the judgment does not cite a specific provision)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Ports Authority v Wandera (Suing as the Administrattix of the Estate of Alois Wandera Odhiambo - Deceased) (Appeal 8 of 2016) [2023] KEELRC 2263 (KLR)", Case Analysis (2023). ELRC Appeal No.8 of 2016 (formerly Mombasa High Court Civil Appeal No.61 of 2009). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2263/eng@2023-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.