Mwenda v Climate & Energy Advosory Limited (Employment and Labour Relations Cause 1614 of 2018) [2025] KEELRC 59 (KLR)
The bottom line
#A Kenyan court refused an employer more time to appeal because it showed no draft grounds of appeal, no proof it had instructed its lawyers, and no risk of substantial loss.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing notice of intention to appeal was excusable
The delay of about one month and four days was not inordinate, but the explanation offered was inadequate
The only reason given was that the previous advocates failed to file the notice of intention to appeal. The court found no evidence that the applicant had instructed the previous advocates to file the notice, and noted the applicant itself took no steps, even failing to attend the hearing of the application, which had to be reinstated by consent.
Whether the intended appeal was arguable and whether substantial loss was demonstrated
The applicant failed on both counts
The applicant did not attach a draft memorandum of appeal showing intended grounds, unlike the applicant in the Eunice Wanjiku Kimani case where extension was granted. The court could therefore not gauge arguability, nor was substantial loss demonstrated warranting stay.
Whether the court distinguished the authority relied on by the applicant
Yes - the present case presented a completely different scenario
In Eunice Wanjiku Kimani v Samuel Ndungu Thuku the Court of Appeal granted extension because there was a short delay, an accepted explanation, and a draft memorandum of appeal showing reasonable grounds. Here there was no deposition of instructions to the previous advocates and no draft memorandum of appeal.
Legal principles established
#- An applicant seeking extension of time to file a notice of appeal must demonstrate that the intended appeal is arguable and that it would suffer substantial loss if leave is not granted
- An application for extension of time should be supported by a draft memorandum of appeal from which the court can gauge whether the intended appeal is arguable
Court orders
#- 1.The application for extension of time to file notice of intended appeal was dismissed with costs
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwenda v Climate & Energy Advosory Limited (Employment and Labour Relations Cause 1614 of 2018) [2025] KEELRC 59 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/59/eng@2025-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.