Omukatia v Kenvic School (Civil Application E228 of 2023) [2025] KECA 1217 (KLR) (4 July 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1217
- Citation
- [2025] KECA 1217 (KLR)
- Decided
- 4 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for Extension of Time to file an Appeal out of TimeCoramF. Sichaile, JA
Holding
The applicant’s motion is allowed, and he is granted leave to lodge an appeal out of time against the judgment of Lady Justice Maureen Onyango, and the costs of the motion shall abide the outcome of the intended appeal.
Facts
The applicant, Francis Fwobe Omukatia, seeks an extension of time to file an appeal against the judgment of Lady Justice Maureen Onyango from the Employment and Labour Relations Court at Machakos.
Issues
- Delay in filing the appeal
- Extension of time for filing the appeal
- Transfer of physical file from Nairobi to Machakos registry
- Grant of leave to lodge an appeal out of time
- Stay of execution of the judgment pending hearing and determination of the application
Reasoning
The delay has been sufficiently explained, and the applicant will be greatly prejudiced if the motion is not allowed.
Outcome
The motion is allowed.
Orders
- Extension of time for filing the appeal
- Transfer of physical file from Nairobi to Machakos registry
- Grant of leave to lodge an appeal out of time
- Stay of execution of the judgment pending hearing and determination of the application
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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