Shine It Limited v Mwero (Appeal E033 of 2021) [2023] KEELRC 3143 (KLR)
The bottom line
#Kenya's Employment Court gave an appellant a final 30-day window to file its appeal record or lose the appeal automatically.
What this practically means
#Executive summary
#Key legal issues
#Want of prosecution of the appeal
The court did not dismiss the appeal outright; instead it granted a conditional final opportunity, directing that a complete record of appeal be filed and served within thirty days, failing which the appeal would stand dismissed.
The memorandum of appeal was filed on 9th June 2021 without the documents required by rule 8(4) of the ELRC (Procedure) Rules 2016, and no record of appeal followed. Counsel attributed the delay to the slow pace of the Court Registry's Typing Pool. The court also noted the absence on the file of a copy of any notice to show cause under rule 16, and that a direction to furnish a copy of the notice had not been complied with. Balancing the interest of justice, the court allowed a final 30-day window rather than immediate dismissal.
Legal principles established
#- An appeal that remains unprosecuted may be dismissed for want of prosecution, but the court may in the interest of justice grant a final window to file the record of appeal before dismissal takes effect.
Court orders
#- 1.The Appellant shall file and serve a complete record of appeal within thirty days of the Ruling
- 2.In default of filing and serving the record of appeal within thirty days, the appeal shall stand dismissed for want of prosecution
- 3.Mention on 28/2/2024 for further orders and/or directions
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court under the Employment and Labour Relations Court (Procedure) Rules 2016 (noting rule 8(4) and rule 16); precise statutory provision not stated in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shine It Limited v Mwero (Appeal E033 of 2021) [2023] KEELRC 3143 (KLR)", Case Analysis (2023). Appeal No E033 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3143/eng@2023-11-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.