Masitsa v Standard Global East Africa Limited (Appeal E164 of 2021) [2023] KEELRC 3440 (KLR)
The bottom line
#The Employment and Labour Relations Court struck out an employment appeal filed 317 days after the court's 60-day filing deadline expired, ending the worker's unfair termination claim.
What this practically means
#Executive summary
#Key legal issues
#Effect of failure to comply with conditional leave to file appeal out of time
The conditional leave lapsed automatically and the appeal filed 317 days later was improperly on record without fresh leave
The Court's orders of 8th March 2022 required filing within 60 days and deposit of the decretal sum, failing which the orders would automatically lapse. The Appellant filed on 21st March 2023, 317 days late, without fresh leave, and offered no explanation. Relying on Mae Properties, Peter Nyaga Muvake, Sino Hydro, Bookpoint and Okoiti, the Court held the record incompetent and an abuse of process, warranting striking out at the first instance.
Whether Article 159 of the Constitution cures procedural default
Not addressed as a holding; the Court proceeded on the procedural default without invoking Article 159 to excuse the delay
The Respondent submitted that Article 159 cannot cure the failure to comply with the conditional leave, citing Mumo Matemu and Kakuta Maimai Hamisi. The Court, while noting the unopposed application, considered the merits and struck out the appeal; it did not adopt Article 159 to excuse the default.
Legal principles established
#- Leave granted conditionally to file an appeal out of time lapses automatically upon non-compliance, and an appeal filed after such lapse is incompetent and liable to striking out
Court orders
#- 1.Memorandum of Appeal and Record of Appeal struck out as incompetent and an abuse of court process
- 2.Appeal struck out with costs to the Respondent
- On appeal from
- Chief Magistrate's Court at Nairobi
- CMELRC No. 279 of 2019
- Jurisdiction invoked
- First appeal to the ELRC under the Employment and Labour Relations Court (Procedure) Rules, 2016, Rule 8(1) as read with section 79G of the Civil Procedure Act; leave to file out of time granted 8th March 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masitsa v Standard Global East Africa Limited (Appeal E164 of 2021) [2023] KEELRC 3440 (KLR)", Case Analysis (2023). ELRC Appeal arising from CMELRC No. 279 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/3440/eng@2023-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.