Ministry of Interior & Co-ordination of National Government & 2 others v Obara & another (Civil Application E378 of 2021) [2023] KECA 455 (KLR) (20 April 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 455
- Citation
- [2023] KECA 455 (KLR)
- Decided
- 20 April 2023
The court allowed the respondents' notice of motion to strike out the applicants' notice of appeal dated August 6, 2020, and deemed it as having been withdrawn pursuant to rule 85(1) of the Court of Appeal Rules, 2022. Consequently, the applicants' notice of motion dated October 17, 2021 is incompetent and is hereby struck out with costs to the respondents.
Facts
Employment and Labour Relations Court (Maureen Onyango, J) delivered judgment dismissing the respondents' claim for reinstatement but awarding them compensation for summary dismissal, salary withheld during interdiction, and pay in lieu of notice; pension; costs; and interest.
Issues
- Whether the applicants' notice of appeal was valid and timely
- Whether the respondents' notice of motion to strike out the applicants' notice of appeal was valid and timely
Reasoning
The court found that the applicants' notice of appeal was not filed within the prescribed period and that the respondents' notice of motion was filed to delay the respondents' judgment.
Outcome
The applicants' notice of appeal dated August 6, 2020, is deemed as having been withdrawn.
Orders
- The applicants' notice of appeal dated August 6, 2020, is deemed as having been withdrawn.
- The applicants' notice of motion dated October 17, 2021 is incompetent and is hereby struck out with costs to the respondents.
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