Independent Electoral & Boundaries Commission v Kioko (Civil Application E518 of 2023) [2024] KECA 895 (KLR) (26 July 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 895
- Citation
- [2024] KECA 895 (KLR)
- Decided
- 26 July 2024
The Motion is allowed, and the IEBC is granted leave to lodge the Notice of Appeal within 7 days of the ruling. Costs are awarded to the respondent.
Facts
The Employment and Labour Relations Court (ELRC) delivered a judgment on October 4, 2023, declaring the respondent's termination unfair and ordering reinstatement within 30 days. The IEBC filed a Notice of Appeal on October 13, 2023, but did not lodge it with the Registrar. The respondent was reinstated on November 1, 2023, and has been performing his duties.
Issues
- Whether the IEBC's Notice of Appeal was filed within the time limit
- Whether the IEBC should be granted leave to appeal out of time
Reasoning
The respondent's counsel was present during the judgment delivery and requested copies. The respondent was reinstated on November 1, 2023, and has been performing his duties. The IEBC acknowledges filing the Notice of Appeal but did not lodge it with the Registrar.
Outcome
The Motion is granted, and the IEBC is allowed to lodge the Notice of Appeal within 7 days.
Orders
- Allow the IEBC to lodge the Notice of Appeal within 7 days of the ruling.
- Award costs to the respondent.
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