Angaluki v Waruhiu Kamau Gitoka t/a Sakam Engineering Contractor (Civil Appeal (Application) E433 of 2022) [2022] KECA 1228 (KLR) (4 November 2022) (Ruling)

Facts

The applicant, Silvano Chadimba Angaluki, seeks to extend the time to file an appeal out of time from the judgment of the Employment and Labour Relations Court of Kenya at Nairobi (Stella C. Rutto, J.) delivered on April 28, 2022 in ELRC Cause No. 1670 of 2017.

Issues

1. Whether the applicant has filed a notice of appeal as required by Rule 77 of the Court of Appeal Rules.
2. Whether the applicant has expressed his intention to appeal the judgment of the Employment and Labour Relations Court of Kenya at Nairobi (Stella C. Rutto, J.)

Reasoning

The court held that the applicant has not filed a notice of appeal as required by Rule 77 of the Court of Appeal Rules, and that the absence of a notice of appeal does not excuse the applicant from the requirement to express his intention to appeal by giving the requisite notice under Rule 77.

Outcome

The court dismissed the applicant's Motion and denied the orders sought.

Authorities cited