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ELRCDismissedEmployment and Labour Relations Appeal 33 of 2026· [2026] KEELRC 2548 (KLR)

Shangcheng Kenya Apparel EPZ v Kimondiu

Employment and Labour Relations Court
18 September 2026
1,840 words in judgment
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The bottom line

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A Kenyan employer's late appeal was thrown out because the court had already finished with the case and the company's explanation for the delay wasn't honest.

What this practically means

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Executive summary

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The appellant, Shangcheng Kenya Apparel EPZ, moved the ELRC at Machakos by Notice of Motion dated 17th June 2026 under Sections 1A, 1B, 3A, 79G and 95 of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules, seeking enlargement of time to appeal out of time against a ruling delivered on 19th December 2025 by Hon. D. Kuto in Mavoko ELRC No. E164 of 2024 dismissing its application for review of the substantive judgment, preservation of a decretal sum deposited in court as security, and deeming of its Memorandum of Appeal as duly filed. The appellant attributed the delay to an excusable mistake of counsel, claiming it believed an existing appeal (Machakos ELRCA No. E047 of 2025) related to the review ruling. The respondent opposed, demonstrating that the appeal was filed on 2nd October 2025, before the review ruling was delivered, and that the appellant's own Memorandum of Appeal showed it was against the substantive judgment of 4th September 2025; the application was therefore dishonest and incompetent. JW Keli, J held that the time for appealing from a magistrate's decision is 30 days under Rule 12 of the ELRC (Procedural) Rules, 2024, and that although Rule 18 confers discretion to extend time, the applicant was not candid and failed to attach the High Court appellate judgment. Since an appeal on the merits had been filed and judgment rendered by the High Court, the court was functus officio on the cause and had no jurisdiction to re-open it. The application was dismissed with costs to the respondent.

Key legal issues

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01

Whether the court could grant extension of time to appeal against the review ruling of 19th December 2025

Holding

The application was incompetent and an abuse of process; the court is functus officio on the cause because an appeal against the substantive judgment was filed and judgment delivered by the High Court

Reasoning

The applicant filed an appeal (Machakos ELRCA No. E047 of 2025) against the substantive judgment of 4th September 2025 while its review application was pending, and the High Court rendered judgment on that appeal. The respondent demonstrated that the applicant's claim of mistaken belief was dishonest, since the appeal was filed on 2nd October 2025, before the review ruling of 19th December 2025. Litigation must come to an end.

p. 4
02

Whether the court has discretion to extend time under Rule 18 of the ELRC (Procedural) Rules, 2024

Holding

The discretion exists but was not exercised in the applicant's favour; the applicant was outside the 30-day period under Rule 12 and its explanation was not candid

Reasoning

Rule 12 prescribes 30 days for appeals from a magistrate's decision. Rule 18 confers discretion to extend time, guided by the Supreme Court's principles in Salat v IEBC. The applicant failed to attach the High Court appellate judgment and its account of a mistaken belief was contradicted by the dates of filing and delivery of the review ruling.

Legal principles established

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  • Where an appeal against the substantive judgment has been filed and judgment delivered, the court becomes functus officio on the cause and cannot re-open it to entertain an appeal against a review ruling
  • A party seeking extension of time must annex the draft intended appeal to the application, not file an appeal and seek to regularise it

Court orders

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  1. 1.The application is dismissed with costs to the respondent

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 79G, 95
  • Civil Procedure RulesOrder 50 Rule 6
  • Employment and Labour Relations Court ActSection 20
  • Employment and Labour Relations Court (Procedural) Rules, 2024Rule 12
  • Employment and Labour Relations Court (Procedural) Rules, 2024Rule 18
  • Employment and Labour Relations Court (Procedural) Rules, 2024Rule 74 (Review)

Cases cited (1)

  • Salat v Independent Electoral and Boundaries Commission & 7 others
    [2014] KESC 12 (KLR)

    Principles governing extension of time: annex the draft intended appeal to the application rather than filing an appeal and seeking to legalise it

On appeal from
Magistrates' Court (Mavoko ELRC No. E164 of 2024)
Mavoko ELRC No. E164 of 2024 (ruling on review application)
Jurisdiction invoked
Sections 79G and 95 of the Civil Procedure Act; Rule 18 of the Employment and Labour Relations Court (Procedural) Rules, 2024

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, "Shangcheng Kenya Apparel EPZ v Kimondiu", Case Analysis (2026). Employment and Labour Relations Appeal 33 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2548/eng@2026-09-18

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