Global Freight Logistics Limited v Agutu & another (Employment and Labour Relations Appeal E212 of 2023) [2025] KEELRC 3724 (KLR)
The bottom line
#Kenya's Employment Court refused to extend time for a late appeal, ruling that unexplained delay and neglect must carry consequences.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file a Memorandum of Appeal
The application was dismissed because the Applicant failed to explain the enormous delay and did not demonstrate an arguable appeal
The ruling appealed against was delivered on 4th July 2023 and the Memorandum of Appeal was filed on 24th October 2023, beyond the thirty-day period under section 79G of the Civil Procedure Act and Rule 17(1) of the ELRC (Procedure) Rules, 2016, with no leave sought. No explanation for the further delay until January 2025 was satisfactory; blaming the previous advocate was implausible since the same advocate made the application. The Court found frivolity, vexation and misconduct, holding the Applicant should meet the price of their indolence.
Blaming previous advocate for delay
The excuse was rejected as implausible because the change of advocate occurred in October 2023 yet no action was taken until January 2025, and the same advocate made the application
The Respondent showed that the change of advocate occurred around 9th October 2023 but no steps were taken until January 2025, in reaction to the Respondent's application of 2nd April 2024. The Court accepted that the same advocate who handled the matter made this application and was therefore to blame for the delay, finding the Applicant interested only in excusing their misconduct by blaming extraneous and imaginary factors.
Legal principles established
#- Indolence and unexplained inordinate delay in filing an appeal out of time should not be rewarded, and an applicant for extension of time must demonstrate an arguable appeal with chances of success
Court orders
#- 1.The application dated 20th January 2025 is dismissed
- 2.Each party to bear their own costs of the application
- On appeal from
- trial court (lower court)
- Jurisdiction invoked
- Inherent power to enlarge time under section 79G of the Civil Procedure Act and Rule 17(1) of the Employment and Labour Relations Court (Procedure) Rules, 2016
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Global Freight Logistics Limited v Agutu & another (Employment and Labour Relations Appeal E212 of 2023) [2025] KEELRC 3724 (KLR)", Case Analysis (2025). not stated in the extract provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3724/eng@2025-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.