Muhanji v Kenya Ports Authority (Civil Appeal (Application) E064 of 2024) [2025] KECA 1567 (KLR) (3 October 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 1567
- Citation
- [2025] KECA 1567 (KLR)
- Decided
- 3 October 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication to strike out the notice of appealCoramF. TUIYOTT, L. ACHODE, A.O. MUCHELULE
Holding
The notice of appeal is deemed to have been withdrawn due to non-lodgment within the 60-day period and lack of extension of time.
Facts
Anthony Muhanji sued the Kenya Ports Authority for wrongful dismissal. The Employment and Labour Relations Court (ELRC) at Mombasa declared the dismissal wrongful and unfair, and ordered reinstatement.
Issues
- Validity of the notice of appeal
- Service of the notice of appeal
Reasoning
The Court ruled that the notice of appeal was not served on the applicant and was lodged one year after the notice, violating the rules and the proviso to Rule 86.
Outcome
The notice of appeal is deemed withdrawn and the memorandum and record of appeal are struck out.
Orders
- The notice of appeal is deemed withdrawn
- The memorandum and record of appeal are struck out
Authorities cited
Legislation (2)
- Rules 49, 59(2), 82, 83, 84, 85 and 86 of the Court's Rules
- Rule 84(1) and (2)
Cases cited (3)
- Attorney General -vs- James Hosea Gitau Mwara [2015]KELE 629 (KLR)
- Mae Properties Ltd -vs- Joseph Kibe & Another [2017] eKLR
- Salama Beach Hotel Limited & 4 Others -vs- Kenyariri & Associates Advocates & 4 Others [2016] eKLR
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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