University Academic Staff Union (UASU) v Ministry of Education & 5 others (Civil Application E545 of 2023) [2024] KECA 1905 (KLR) (28 March 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 1905
- Citation
- [2024] KECA 1905 (KLR)
- Decided
- 28 March 2024
The notice of appeal is deemed withdrawn, and the stay orders are automatically lifted.
Facts
The University Academic Staff Union (UASU) filed a notice of appeal against the judgment of the Employment and Labour Relations Court (ELRC) in CBA No. 1, 2, and 3 of 2020. The 1st to 4th respondents (Ministry of Education, Attorney General, Ministry of Labour, and Salaries and Remuneration Commission) failed to file the appeal within the appointed time.
Issues
- Whether the notice of appeal should be deemed withdrawn due to the failure to file the appeal within the appointed time.
- Whether the stay orders issued in Nairobi Court of Appeal Civil Application No. E418 of 2021 should be set aside or vacated.
Reasoning
The Attorney General breached the time prescribed by Rule 84 for instituting an appeal. The delay in filing the appeal is attributed to the re-allocation of the file and non-capture of the non-filing in hand-over notes.
Outcome
The notice of appeal is deemed withdrawn, and the stay orders are automatically lifted.
Orders
- The notice of appeal by the 1st to 4th respondents against the judgment of the ELRC is deemed withdrawn.
- The stay orders issued in Nairobi Court of Appeal Civil Application No. E418 of 2021 are automatically lifted.
Remedies
- Costs of the motion shall be borne by the 1st to 4th respondents.
Authorities cited
Legislation (2)
- Court of Appeal Rules, 2022
- Employment and Labour Relations Court Rules
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