Ogochi v Kenya Pipeline Company Limited (Cause E042 of 2021) [2025] KEELRC 1077 (KLR)
The bottom line
#A Kenyan court allowed an employer to appeal late and paused an award, but only after Kshs.1.12 million is deposited in a joint account.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to extend time for lodging a notice of appeal
The court has jurisdiction under section 7 of the Appellate Jurisdiction Act notwithstanding the objection raised.
The Claimant/Respondent argued the court lacked jurisdiction to extend time for lodging a notice of appeal out of time. The court found section 7 of the Appellate Jurisdiction Act expressly empowers the High Court to extend time for giving notice of intention to appeal even after expiry, and aligned itself with Rachel Njambi Thuo v County Government of Nyandarua on that jurisdiction.
Whether the delay in lodging the notice of appeal was inordinate
The delay was not inordinate; the e-filing system challenges explained the timeline.
Judgment was delivered on 17th October 2024; the applicant attempted e-filing but was not mapped in the system, shared the notice via the registry email on 31st October 2024, was mapped on 4th/5th November 2024 and then filed the application. The court found the time differences short and the delay not inordinate.
Whether conditions for stay of execution under Order 42 Rule 6(2) were met
The criteria were met, particularly on security, though the court noted the bank guarantee was not attached; security was imposed by ordering deposit of the decretal sum.
The court applied the three limbs of Order 42 Rule 6(2): substantial loss, absence of unreasonable delay, and security. The applicant offered a bank guarantee, though it was not annexed; the court therefore conditioned the stay on deposit of the decretal sum of Kshs.1,120,000/= into a joint interest-earning account within 21 days.
Legal principles established
#- The High Court has jurisdiction under section 7 of the Appellate Jurisdiction Act to extend time for giving notice of intention to appeal even after the time has expired.
- Stay of execution under Order 42 Rule 6(2) requires substantial loss, application without unreasonable delay, and security for due performance of the decree.
Court orders
#- 1.Time for leave to lodge the notice of appeal is extended to 14 days from the ruling
- 2.A stay of execution granted pending the hearing and determination of the intended appeal
- 3.The decretal sum of Kshs.1,120,000/= to be deposited in a joint interest-earning account in the names of both advocates within 21 days of the ruling
- 4.Costs of the application to be in the cause
- 5.In default of deposit, the stay orders shall automatically lapse and execution to proceed
- 6.Upon depositing the decretal sum, the Respondent/Applicant to file and serve its Record of Appeal within thirty (30) days thereof
- On appeal from
- Employment and Labour Relations Court
- Not stated
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act and Order 42 Rule 6(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogochi v Kenya Pipeline Company Limited (Cause E042 of 2021) [2025] KEELRC 1077 (KLR)", Case Analysis (2025). Not stated in the extract (application dated 7th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1077/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.