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 (arising from ELRC Case No. E1264 of 2021)· [2025] KEELRC 2224 (KLR)

Maloba v Ken Iron & Steel Limited (Employment and Labour Relations Cause E229 of 2024) [2025] KEELRC 2224 (KLR)

Employment and Labour Relations Court
23 July 2025
988 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

Kenya's Employment Court allowed an appeal filed two months late, ruling that a law firm's loss of an advocate justified leniency where the appeal was arguable.

What this practically means

#

Executive summary

#
This was a Notice of Motion dated 4th August 2024 seeking extension of time to file an appeal against the judgment of Honourable Becky Cheloti delivered on 29th May 2024 in ELRC Case No. E1264 of 2021, which dismissed the applicant's claim for wrongful termination and related reliefs. The application, supported by an affidavit of Willis Wetaba, Advocate for the applicant, invoked rule 18 of the Employment and Labour Relations Court (Procedure) Rules, 2024. The applicant contended that parties were advised on the scheduled delivery date that judgment would be delivered on notice, but no notice was served on his advocates, and the mobile number previously used for court notifications belonged to a deceased partner in the law firm. The respondent opposed, arguing the delay was inordinate, the reasons unsatisfactory, and that the applicant had prematurely filed a record of appeal. The court, applying the Salat principles, considered four factors: the length of delay (approximately two months, not excessively prolonged); the reason for delay (death of an advocate held an exceptional circumstance justifying leniency); the arguability of the appeal (the draft memorandum raised alleged misapplication of Sections 41, 10(7) and 74 of the Employment Act, 2007, failure to consider salary arrears evidence, and denial of a certificate of service); and prejudice to the respondent (none demonstrated). The court allowed the application, granted fourteen days to file and serve the appeal, deemed the record of appeal already filed properly filed upon payment of requisite fees, and ordered each party to bear their own costs of the application.

Key legal issues

#
01

Whether the delay of approximately two months in filing the appeal was excusable

Holding

The delay was not egregious and the death of an advocate in the applicant's law firm constituted an exceptional circumstance that partly explained the delay

Reasoning

The court weighed the two-month delay against the reasons offered. The applicant's advocates had not received notice of the judgment, and the mobile number used for court notifications belonged to a deceased partner in the firm. The court held the delay was not excessively prolonged and, drawing on authority that an advocate's failure should be assessed against the litigant's personal fault, found the death of an advocate an exceptional circumstance justifying leniency.

p. 2
02

Whether the intended appeal was arguable

Holding

The draft memorandum of appeal raised substantive and arguable legal issues deserving judicial consideration

Reasoning

The draft memorandum raised alleged misapplication of Sections 41, 10(7) and 74 of the Employment Act, 2007 on procedural fairness and record-keeping, failure to consider evidence on salary arrears, and denial of a certificate of service, a statutory right. The court found these arguable points of law which, in the interest of justice, should be heard where delay and prejudice do not overwhelmingly militate against it.

p. 2
03

Whether the respondent would suffer prejudice if the extension was granted

Holding

The respondent had not demonstrated irreparable harm or substantial prejudice if the appeal proceeded

Reasoning

The respondent argued that allowing the appeal would prolong litigation and cause financial and administrative burden. The court noted the judgment was delivered less than a year earlier and the respondent had not shown irreparable harm. Citing authority that minor delays should not bar a meritorious appeal absent substantial prejudice, the court found this factor favoured the applicant.

p. 2

Legal principles established

#
  • Extension of time is not a right but a discretionary remedy and the applicant must lay a satisfactory basis for the delay
  • A delay of two months is not inordinate if satisfactorily explained

Court orders

#
  1. 1.The Appellant/Applicant is granted fourteen (14) days from the date of the ruling to file and serve the appeal
  2. 2.The record of appeal already filed shall be deemed properly filed upon payment of the requisite fees
  3. 3.Each party shall bear their costs of the application

Authorities

#

Legislation

  • Employment and Labour Relations Court (Procedure) Rules, 2024Rule 18
  • Employment Act, 2007Sections 41, 10(7), 74

Cases cited (5)

  • Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 Others
    [2014] eKLR
  • Omar Shurie v Marian Rashe Tafar
    Civil Application No. 107 of 2020
  • Susan Ogutu Oloo & 2 Others v Doris Odindo Omolo
    (2019) eKLR
  • Sayers v Clarke Walker (A Firm)
    [2002] EWCA Civ 645
  • H. Young Company (EA) Ltd v Mwangi
    [2023] KEELRC 497
On appeal from
Employment and Labour Relations Court
ELRC Case No. E1264 of 2021
Jurisdiction invoked
Rule 18 of the Employment and Labour Relations Court (Procedure) Rules, 2024

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Maloba v Ken Iron & Steel Limited (Employment and Labour Relations Cause E229 of 2024) [2025] KEELRC 2224 (KLR)", Case Analysis (2025). Not stated in the judgment (arising from ELRC Case No. E1264 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2224/eng@2025-07-23

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