Sobayeni & another v Australian Consultants Limited & another (Cause E586 of 2020) [2024] KEELRC 2548 (KLR)
The bottom line
#A Nairobi court gave employers 7 more days to appeal a judgment they learned of late, but refused to pause enforcement of that judgment.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file a Notice of Appeal
The 48-day delay was not inordinate; the Applicants were granted the benefit of doubt and leave to file the Notice of Appeal
The court applied the Salat and Wambua principles: length of and reason for delay, prejudice to the respondent, and whether the application was brought without undue delay. The Applicants attributed the delay to their erstwhile advocate, who only emailed the judgment on 14th May 2024 and then refused to communicate. Although there was no evidence the Applicants tried to reach the former advocate, they promptly instructed new advocates who filed the application, so the delay was not inordinate and justice favoured granting leave.
Stay of execution pending appeal
Refused because the intended appeal had not yet been filed
The court held that a stay of execution pending appeal cannot issue where no appeal is yet on record. Since leave to file the Notice of Appeal had only just been granted and the Notice was yet to be filed, there was no pending appeal upon which such a stay could be anchored.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party, requiring a satisfactory explanation for the delay and consideration of prejudice to the respondent
- Mere accusation of an advocate's failure to inform the client is not, by itself, an excusable mistake; the client has a duty to pursue the matter
Court orders
#- 1.The Applicants are granted leave to file and serve a Notice of Appeal within 7 days from the date of the delivery of the Ruling
- 2.No orders as to costs
- Jurisdiction invoked
- Inherent discretion to extend time under the applicable rules; application for extension of time and stay of execution pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sobayeni & another v Australian Consultants Limited & another (Cause E586 of 2020) [2024] KEELRC 2548 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2548/eng@2024-10-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.