Bichanga & 4 others v County Government of Nakuru & another (Employment and Labour Relations Cause 206 of 2018) [2025] KEELRC 1688 (KLR)
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
#Key legal issues
#Whether leave should be granted for new advocates to come on record after judgment
Leave granted; no prejudice would be suffered by the Respondent or any other person
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.
Whether time should be enlarged for filing the Notice of Appeal out of time
Extension granted; the Salat principles were satisfied
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.
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.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.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.The draft notice of appeal filed herewith deemed to be duly filed upon payment of the assessed fees
- 4.The 5th Claimant/Applicant to file and serve the record of appeal within 30 days from the date of the ruling
- 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.