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ELRCDismissedApplication dated 10th July 2024 in ELRC cause at Nairobi (cause number not stated in judgment)

Union of National Research & Allied Institutes Staff of Kenya v National Museums of Kenya; Kenya Union of Commercial, Food and Allied Workers (Interested Party) (Cause E641 of 2022) [2025] KEELRC 1350 (KLR)

Employment and Labour Relations Court of Kenya
9 May 2025
1,894 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Claimant, a trade union, moved the Employment and Labour Relations Court at Nairobi by application dated 10th July 2024 seeking leave to file a Notice of Appeal out of the prescribed 14-day period against a ruling delivered by Abuodha Nelson Jorum, J on 27th May 2024, which upheld a preliminary objection raised by the Interested Party. The Claimant explained that the ruling had been delivered earlier than the scheduled date of 31st May 2024 and that it only discovered the e-ruling via the CTS, filing the application within ten days of discovery. The Interested Party opposed, arguing the Claimant had known the delivery dates, had filed no draft memorandum of appeal, and that the court was functus officio. Both sides filed written submissions, the Claimant relying on Nicholas Kiptoo Arap Korir Salt, Chizi, Ocean Freight Shipping and Paul Musili Wambua on the principles for extension of time. The court held that under Rule 77 of the Court of Appeal Rules 2022 a Notice of Appeal must be lodged within fourteen days of the decision, expiring on 11th June 2024, and that an application for leave to appeal out of time lies before the Court of Appeal, not the trial court. Having rendered its ruling, the ELRC was functus officio and lacked jurisdiction to grant the orders sought. The application was dismissed with costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether this court has jurisdiction to grant leave to file a Notice of Appeal out of time against its own ruling
  2. 2.Whether the Claimant has shown sufficient cause for the delay in filing the Notice of Appeal

Key legal issues

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Whether the ELRC has jurisdiction to extend time for filing a Notice of Appeal against its own ruling

Holding

It does not; the Court of Appeal Rules 2022 place that function with the Court of Appeal itself, and the trial court is functus officio after rendering its ruling

Reasoning

The court examined Rule 77 of the Court of Appeal Rules 2022, which requires a Notice of Appeal to be lodged within 14 days of the decision. It held that the rules were set by the Court of Appeal and imply that an application for leave to appeal out of time, and the appeal itself, are to be made at the Court of Appeal. Having delivered its ruling on 27th May 2024, the trial court became functus officio and lacks jurisdiction to grant the orders sought.

p. 4
02

Computation of the 14-day period for filing a Notice of Appeal

Holding

The 14 days run from the date of delivery of the judgment, not from when the party came to learn of it; here delivery was on 27th May 2024, so the period ended on 11th June 2024

Reasoning

The court held that Rule 77 requires the Notice of Appeal to be filed within 14 days after delivery of the judgment. Since the ruling was delivered on 27th May 2024, the 14 days expired on 11th June 2024, well before the Claimant's application of 10th July 2024. The Claimant's contention that time ran from discovery of the ruling on the CTS was not accepted, the court resting its dismissal instead on lack of jurisdiction.

p. 4

Legal principles established

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  • An application for leave to file a Notice of Appeal out of time against a decision of the Employment and Labour Relations Court is made to the Court of Appeal, not the trial court, which is functus officio after delivering its ruling
  • A Notice of Appeal from the ELRC must be lodged within fourteen days after the date of the decision, per Rule 77 of the Court of Appeal Rules 2022

Court orders

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  1. 1.The Claimant's Application dated July 10, 2024 is found unmerited and is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court jurisdiction; application for extension of time to file Notice of Appeal governed by Court of Appeal Rules 2022, Rule 77

Relief refused

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Leave to file Notice of Appeal out of time against the ruling delivered on 27th May 2024

The trial court lacks jurisdiction; under the Court of Appeal Rules such an application is made to the Court of Appeal, and this court became functus officio after delivering its ruling

p. 4

Costs

Application dismissed with costs to the Respondent/Interested Party

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

this Court after rendering its ruling on this matter became functus oficio and cannot consider whether to allow Notice of Appeal and an Appeal out of time when the rules of the Appellate Court are quite clear that it is the one to consider the merits and or demerits of such an application
p. 4Functus officio and jurisdiction over extension of time
In other words, this Court does not have jurisdiction to grant the orders sought in the application
p. 4Lack of jurisdiction
In conclusion the Claimant's Application dated July 10, 2024 is found unmerited and is hereby dismissed with costs.
p. 4Final orders - dismissal with costs

Issues in the judgment

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minor

The judgment contains no case title, cause number or full party names; only 'Claimant', 'Respondent' and 'Interested Party' are used, and the neutral citation is absent

minor

The judgment uses the spelling 'functus oficio' (single 'f') rather than the correct 'functus officio'

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Union of National Research & Allied Institutes Staff of Kenya v National Museums of Kenya; Kenya Union of Commercial, Food and Allied Workers (Interested Party) (Cause E641 of 2022) [2025] KEELRC 1350 (KLR)", Case Analysis (2025). Application dated 10th July 2024 in ELRC cause at Nairobi (cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1350/eng@2025-05-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.