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Original judgment

The Kenya Alliance Insurance Company Limited v Universities Academic Staff Union (uasu) & 3 others

Kenya Alliance Insurance Company Limited v Universities Academic Stafi Union (UASU) & 3 others (Civil Appeal (Application) E037 of 2021) [2025] KECA 1050 (KLR) (11 June 2025) (Ruling) Neutral citation: [2025] KECA 1050 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) E037 OF 2021 W KARANJA, JA JUNE 11, 2025 BETWEEN THE KENYA ALLIANCE INSURANCE COMPANY LIMITED ....... APPLICANT AND UNIVERSITIES ACADEMIC STAFF UNION (UASU) .............. 1ST RESPONDENT JUBILEE INSURANCE COMPANY LIMITED ......................... 2ND RESPONDENT REGISTERED TRUSTEES OF MULTIMEDIA UNIVERSITY COLLEGE OF PENSIONS SCHEMEPENSIONS SCHEME ............................... 3RD RESPONDENT RETIREMENTS BENEFITS AUTHORITY ............................... 4TH RESPONDENT (Being an appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Sergon, J.) dated 27th November 2020inHCCC No. E103 of 2020) RULING 1. The notice of motion before me is expressed to be premised on Rule 57(4) of the Court of Appeal Rules, section 3A, 3 and 3B of the Appellate Jurisdiction Act and Article 164(3)(a). There is no Rule 57(4) in the Court of Appeal Rules. 2. The applicant seeks extension of time to file a refence against the decision of Mumbi Ngugi (JA) sitting as a single Judge. In the same application, the applicant’s prayers is for stay of proceedings. 3. I note that although Judge Mumbi’s order awarded costs to the 1st respondent, the affidavit sworn in support of the application by Linda Njenga, the Legal Manager of the applicant talks of the 3rd respondent as the party that was awarded costs. Rather than dismiss the application on its merit, I strike https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1050/eng@2025-06-11 1

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it out for being fatally defective, with no order as to costs, as the 1st respondent did not raise the said issues in the replying affidavit. DATED AND DELIVERED AT NAIROBI THIS 11TH DAY OF JUNE 2025. W. KARANJA ........................................... JUDGE OF APPEAL I certify that this is a true copy of the original. Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1050/eng@2025-06-11 2

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