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ELRCDismissedNyahururu C.M.E.L.R.C No. E002 of 2023 (application dated 10th December 2024)· [2025] KEELRC 3727 (KLR)

Abuchere v Mburu t/a Wilmer Petrol Station & another (Miscellaneous Application E003 of 2025) [2025] KEELRC 3727 (KLR)

Employment and Labour Relations Court
19 December 2025
JRJames Rika
761 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court refused to extend time to appeal, confirming you can appeal without the judgment copy.

What this practically means

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Executive summary

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The Applicant sought extension of time to file an appeal against a judgment of the Senior Resident Magistrate, Nyahururu, delivered on 12th August 2024 in Nyahururu C.M.E.L.R.C No. E002 of 2023. Rule 12(2) of the E&LRC [Procedure] Rules, 2024 requires such appeals to be filed within 30 days. The Applicant attributed the delay to his inability to access a copy of the judgment from the Judiciary CTS, obtaining it only about two months after delivery, and asserted he had an arguable appeal exhibited through a draft Memorandum of Appeal. The application was initially filed at the High Court in Nyahururu and later transferred to the ELRC at Nakuru. The 1st Respondent opposed, noting the judgment was delivered in the presence of counsel, that the 30-day period lapsed around 12th September 2024, and that the Applicant produced no letters requesting the judgment or typed proceedings nor receipts evidencing such requests, emphasising that an appeal may be filed without a copy of the judgment. The parties agreed to determine the matter on affidavits and submissions. The Court held that extension of time in ELRC appeals is governed by Rule 18 of the E&LRC [Procedure] Rules, 2024, not Civil Procedure Act rules, and that Rule 11(1) obliges a prospective appellant to request the proceedings and judgment in writing before filing. Finding no evidence of active steps by the Applicant, and noting his advocate was present at delivery of the judgment, the Court declined the application, made no order on costs, and closed the file.

Key legal issues

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01

Governing framework for extension of time in ELRC appeals

Holding

Extension of time is governed by Rule 18 of the E&LRC [Procedure] Rules, 2024, not Civil Procedure Act rules

Reasoning

The Court held that appeals before the ELRC are regulated under Part III of the E&LRC [Procedure] Rules, 2024, and extension of time falls under Rule 18 of those Rules. The Applicant had invoked rules under the Civil Procedure Act, but the Court found those inapplicable to ELRC appeals. Rule 18 permits extension where circumstances justify it.

p. 2
02

Whether the Applicant justified the delay

Holding

No - unavailability of the judgment on the CTS did not justify the delay, as no request letters, receipts, or active steps were exhibited

Reasoning

The judgment was delivered in the presence of counsel for both parties. The Applicant claimed he could not access the judgment for 2 months but produced no letters requesting the judgment or typed proceedings, no receipts, and no copy of the judgment or proceedings - only a draft Memorandum of Appeal. Filing an appeal does not require a copy of the judgment, so delay in obtaining it cannot excuse the delay in filing.

p. 2

Legal principles established

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  • An appeal from the Magistrate's Court under the E&LRC [Procedure] Rules, 2024 must be filed within 30 days of delivery of the decision
  • A party may file an appeal without a copy of the judgment or typed proceedings, so delay in obtaining the judgment cannot justify delay in filing an appeal
  • Rule 11(1) requires a prospective appellant to request in writing the proceedings and judgment before filing a Memorandum of Appeal

Court orders

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  1. 1.The application is declined
  2. 2.No order on the costs
  3. 3.The file is closed
On appeal from
Senior Resident Magistrate's Court, Nyahururu
Nyahururu C.M.E.L.R.C No. E002 of 2023
Jurisdiction invoked
Rule 18 of the Employment and Labour Relations Court [Procedure] Rules, 2024 (extension of time to file appeal)

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, "Abuchere v Mburu t/a Wilmer Petrol Station & another (Miscellaneous Application E003 of 2025) [2025] KEELRC 3727 (KLR)", Case Analysis (2025). Nyahururu C.M.E.L.R.C No. E002 of 2023 (application dated 10th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3727/eng@2025-12-19

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