Donald O. Raballa v Judicial Service Commission & Attorney General (Civil Application 10 of 2015) [2018] KECA 641 (KLR) (4 May 2018) (Ruling)
- Court
- Court of Appeal
- Case number
- 641
- Citation
- [2018] KECA 641 (KLR)
- Decided
- 4 May 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureReference under Rule 55 (1) (b) of the Rules of the CourtCoramP. N. Waki, P. O. Kiage, K. M'Inoti
Holding
The reference is lacking in merit and is hereby dismissed.
Facts
Donald O. Raballa was employed as a Magistrate by the Judicial Service Commission (JSC) from June 23, 2005 until May 13, 2009. He challenged his termination through a Judicial Review application, which was dismissed by Odunga, J. on May 13, 2013. He later filed an application for extension of time to file and serve a notice of appeal and record of appeal out of time.
Issues
- Whether the single Judge erred in dismissing the application for extension of time to file and serve a notice of appeal and record of appeal out of time.
- Whether the reasons given by the single Judge for the delay were sufficient to justify the decision.
Reasoning
The single Judge took into account an irrelevant factor and failed to take into account a relevant factor. The reasons given for the delay were not sufficient to justify the decision.
Outcome
The reference is dismissed.
Orders
- The reference is dismissed.
- There will be no order as to costs.
Authorities cited
Cases cited (3)
- Ramesh Shah v Kenbox Industries Limited [2008] eKLR
- Leo Mutiso case
- Mwangi v Kenya Airways Ltd [2003] KLR 486
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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