Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNot stated in the judgment text provided· [2025] KEELRC 1688 (KLR)

Bichanga & 4 others v County Government of Nakuru & another (Employment and Labour Relations Cause 206 of 2018) [2025] KEELRC 1688 (KLR)

Employment and Labour Relations Court
11 June 2025
3,073 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

#

A Kenyan employment court allowed a client to switch lawyers after judgment and appeal late, blaming the delay on her former advocate's negligence.

What this practically means

#

Executive summary

#
The 5th Claimant/Applicant, formerly employed by the 1st Respondent (successor to the Municipal Council of Naivasha), brought a Notice of Motion dated 12th November 2024 seeking leave for the firm of Ndegwa & Ndegwa Advocates to come on record in place of Ouma & Co. Advocates after judgment, and an extension of time to file and serve a Notice of Appeal against the judgment of Justice David Nderitu delivered on 25th July 2024, in which her claim was dismissed. She averred that her former advocates refused to file a Notice of Appeal despite her instructions; a Notice of Appeal filed on 19th August 2024 was out of time. The Respondent, through its Principal Legal Officer Francis Kihoro Wagachira, opposed the application, contending that the 14-day period lapsed on 8th August 2024, that no sufficient cause for the delay was shown, that a litigant cannot solely blame advocates (citing Habo Agencies), and that the new firm filed documents without a notice of change of advocates (citing Nicholas Omondi v A Rocha Limited). The court framed one issue: whether the application was merited. Applying Order 9 Rule 9 of the Civil Procedure Rules and Article 50(1)(g) of the Constitution, the court found no prejudice to the Respondent and granted leave for the new firm to come on record. Applying the Salat principles and Section 95 of the Civil Procedure Act, and relying on Kiai Mbaki, it held the delay was mainly caused by the negligence of the former advocate and the applicant had acted promptly, satisfying the extension-of-time criteria. The court granted the extension, deemed the draft notice of appeal duly filed upon payment of assessed fees, directed filing and service of the record of appeal within 30 days, and ordered costs to be in the intended appeal.

Key legal issues

#
01

Whether leave should be granted for new advocates to come on record after judgment

Holding

Leave granted; no prejudice would be suffered by the Respondent or any other person

Reasoning

Order 9 Rule 9 of the Civil Procedure Rules requires a court order or consent for a change of advocates after judgment. The court noted the litigant's constitutional right under Article 50(1)(g) to choose an advocate of her choice and found the former firm uncooperative. Finding no prejudice to the Respondent, the court exercised its discretion in favour of allowing Ndegwa & Ndegwa Advocates to come on record after judgment.

p. 6
02

Whether time should be enlarged for filing the Notice of Appeal out of time

Holding

Extension granted; the Salat principles were satisfied

Reasoning

Applying the principles in Nicholas Kiptoo Arap Korir Salat (length of and reason for delay, prejudice, reasonable explanation), the court found the delay between judgment on 25th July 2024 and the application on 12th November 2024 was mainly attributable to the negligence of the former advocate, and that the applicant acted promptly in engaging new counsel. Relying on Kiai Mbaki, the court held a litigant should not be condemned for counsel's inadvertence and granted the extension.

p. 6

Legal principles established

#
  • Where any period is fixed or granted by the court for doing any act, the court may in its discretion enlarge such period even though the period originally fixed or granted has expired
  • The right to appeal is a creature of statute and exists only where clearly and expressly given

Court orders

#
  1. 1.Leave granted to the firm of Ndegwa & Ndegwa Advocates to come on record for the 5th Claimant/Applicant in place of Oumo/Ouma & Co. Advocates after judgment
  2. 2.Time enlarged for the 5th Claimant/Applicant to file and serve the Notice of Appeal against the judgment of Honourable Justice David Nderitu delivered on 25th July 2024
  3. 3.The draft notice of appeal filed herewith deemed to be duly filed upon payment of the assessed fees
  4. 4.The 5th Claimant/Applicant to file and serve the record of appeal within 30 days from the date of the ruling

Authorities

#

Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 95
  • Appellate Jurisdiction ActSection 7
  • Employment and Labour Relations Court (Procedure) Rules, 2016Rule 8(1)
  • Civil Procedure Rules, 2010Order 9 Rules 9, 10, 11; Order 50 Rule 6; Order 51 Rule 1; Order 21 Rule 1
  • Constitution of KenyaArticles 50(1)(g), 48, 159(2)(d)

Cases cited (8)

  • Habo Agencies Limited v Wilfred Odhiambo Musingo
    [2015] eKLR
  • Kiai Mbaki & Others v Gichuhi Macharia & Another
    [2005] eKLR
  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others
    [2014] eKLR
  • Nicholas Omondi v A Rocha Limited
    [2016] eKLR
  • Kenya Agricultural Research Organization v. Stephen Ngaruiya Kanyanja
    Civil Appeal No. 215 of 2015
  • Rajesh Rughani v Fifty Investment Ltd. & Another
    [2005] eKLR
  • Bains Construction Co. Ltd. v John Mzare Ogowe
    [2011] eKLR
  • Attorney General v Bala
    [2023] KECA 117 (KLR)
Jurisdiction invoked
Sections 1A, 1B, 3A and 95 of the Civil Procedure Act (Cap 21); section 7 of the Appellate Jurisdiction Act; Rules 8(1) of the Employment and Labour Relations Court (Procedure) Rules, 2016; Orders 9, 50 and 51 of the Civil Procedure Rules, 2010

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Bichanga & 4 others v County Government of Nakuru & another (Employment and Labour Relations Cause 206 of 2018) [2025] KEELRC 1688 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1688/eng@2025-06-11

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