County Public Service Board Kitui v S Kenya County Government Workers Union (Civil Appeal (Application) 89 of 2018) [2023] KECA 1591 (KLR) (31 May 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 1591
- Citation
- [2023] KECA 1591 (KLR)
- Decided
- 31 May 2023
The Court allows the application and extends time for the applicant to file and serve the memorandum of appeal and record of appeal within 10 days from the date of the ruling.
Facts
The applicant, County Public Service Board Kitui, filed a notice of appeal against a ruling by Justice Byram Ongaya dismissing an application seeking the review of orders indicating that the death of the grievant had no effect on the proceedings. The applicant applied for a stay of the proceedings before the Employment and Labour Court pending the hearing and determination of the intended appeal.
Issues
- Whether the applicant's application for extension of time to file and serve the memorandum of appeal and record of appeal should be granted
- Whether the applicant's application for stay of proceedings before the Employment and Labour Court should be granted
Reasoning
The Court found the delay reasonable and granted the extension, noting that the applicant had a reasonable explanation for the delay.
Outcome
The Court grants the application to extend time.
Orders
- The applicant is granted an extension of time to file and serve the memorandum of appeal and record of appeal within 10 days from the date of the ruling
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Appellate Jurisdiction Act
Cases cited (3)
- Imperial Bank Ltd (In Receivership) and Another v Alnasir Popat & 18 others [2018]eKLR
- Edith Gachungu Koine v Stephen Njagi Thuithi [2014]eKLR
- Andrew Kiplagat Chemarigo v Paul Kipkorir Kibet [2018]eKLR
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