Lusweti v Board of Trustees, National Social Security Fund (Civil Application E549 of 2023) [2024] KECA 141 (KLR) (16 February 2024) (Ruling)

Facts

The applicant Patrick Wekhomba Lusweti sought an extension of time to file an intended appeal against the Judgment and Decree of the Employment and Labour Relations Court (Rutto, J.) dated 31st July 2023 in ELRC Cause No. 678 of 2017. The applicant claimed that he had misplaced the notice of appeal and the letter bespeaking proceedings, judgment and decree, which he had received on 18th August 2023.

Issues

1. Whether the applicant's application for extension of time to file an intended appeal should be granted.
2. Whether the applicant's failure to file the notice of appeal and the letter bespeaking proceedings, judgment and decree within the prescribed period was due to a genuine mistake or a mere oversight.

Reasoning

The Court found the application devoid of merit, considering the reasons for the delay, the possible prejudice, and the conduct of the parties. The Court also noted inconsistencies in the applicant's statements and the lack of proposed grounds of appeal.

Outcome

Dismissed

Authorities cited