National Environmental Management Authority v Erastus Gitonga & 4 others; Law Society of Kenya & another (Interested Parties) [2021] KECA 990 (KLR)
- Court
- Court of Appeal
- Case number
- 990
- Citation
- [2021] KECA 990 (KLR)
- Decided
- 5 February 2021
The Court finds that this is an appropriate case in which to exercise discretion in the applicant's favor and allows the motion for extension of time, deeming the record of appeal filed on 31st August, 2020 as properly filed.
Facts
The applicant, the National Environmental Management Authority, filed a notice of appeal against a judgment of the Employment & Labour Relations Court (ELRC) in ELRC No. 547 of 2018. The applicant was aggrieved by the judgment and filed a motion for extension of time due to delays caused by the Covid-19 pandemic.
Issues
- Whether the applicant is deserving of the exercise of the Court’s discretion to extend time
- Whether the applicant will suffer prejudice if the extension is granted
- Whether the application has been brought without undue delay
- Whether public interest should be a consideration for extending time
Reasoning
The Court acknowledges the unusual circumstances caused by the Covid-19 pandemic and the delay in obtaining the proceedings from the court. The Court grants the extension of time due to the arguable appeal and the public interest involved.
Outcome
The Court grants the motion for extension of time, deeming the record of appeal filed on 31st August, 2020 as properly filed.
Orders
- Allowing the motion for extension of time
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2010
- Constitution of Kenya 2010
Cases cited (3)
- Daniel Nkirimpa Monirei v Sayialel ole Koilel & 4 Others [2016] eKLR
- Andrew Kiplagat Chemaringo vs Paul Kipkorir Kibet [2018] eKLR
- County Executive of Kisumu v County Government of Kisumu & 8 Others, [2017] eKLR
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