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ELRCDismissedNot stated in judgment· [2025] KEELRC 35 (KLR)
Mufuma v British Army Training Unit Kenya (Cause E980 of 2023) [2025] KEELRC 35 (KLR)
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·~7 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to forgive a four-month late appeal because the delay was too long and never properly explained.
What this practically means
#Executive summary
#The Claimant/Applicant, Dominic Ambisai Mufuma, moved the Employment and Labour Relations Court by an application dated 15th August 2024 seeking leave to file an appeal out of time against a Ruling delivered on 5th April 2024 in which his application to file suit out of time had been dismissed, and for the annexed memorandum of appeal to be deemed duly filed. The Respondent opposed through grounds of opposition and submissions, contending that the application was brought over 4 months after the ruling with no explanation for the delay, that no extenuating circumstances justified the exercise of the court's discretion, and that the Respondent would be prejudiced by the loss of witnesses. The Applicant relied on Del Monte Kenya Limited v Patrick Njuguna Kariuki, arguing that delay was occasioned by criminal proceedings he had yet to receive and invoking his right to a fair hearing. The Respondent relied on Utalii Transport Company and AGIP (Kenya) Limited, pointing out the absence of any nexus between the criminal proceedings and the failure to file a notice of appeal within 14 days. Applying the principles in Nicholas Kiptoo Korir arap Salat v IEBC and Paul Musili Wambua v Attorney General, the court held that the delay of approximately four months was inordinate, that the explanation regarding criminal proceedings was an afterthought raised only in submissions, and that no nexus with the notice of appeal had been demonstrated. The application was declined with no orders as to costs.
Key legal issues
#01
Whether leave to file appeal out of time should be granted
Holding
Application dismissed for inordinate and unexplained delay
Reasoning
The court applied the Salat principles and the Wambua factors. The Notice of Appeal was due by about 19th April 2024 but the application was filed on 15th August 2024, approximately 4 months late. The explanation regarding criminal proceedings was raised only in submissions, not in the application, and was therefore an afterthought; no nexus was shown between obtaining those proceedings and failure to file a notice of appeal within 14 days.
p. 4
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party, requiring explanation of delay and absence of prejudice
Court orders
#- 1.The Application dated August 15, 2024 is declined with no orders as to costs
- Jurisdiction invoked
- Inherent discretion to extend time under the Court of Appeal Rules, 2022, Rule 77(2) (leave to appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mufuma v British Army Training Unit Kenya (Cause E980 of 2023) [2025] KEELRC 35 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/35/eng@2025-01-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.