Kemboi v University of Eldoret (Civil Application 37 of 2020) [2025] KECA 2179 (KLR) (15 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2179
- Citation
- [2025] KECA 2179 (KLR)
- Decided
- 15 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to lodge a memorandum and record of appeal out of timeCoramJM MATIVO
Holding
The application is dismissed for non-compliance with the Court's directions.
Facts
The applicant, Nathan Kipruto Kemboi, sought leave to lodge his memorandum and record of appeal out of time from the Employment and Labour Relations Court of Kenya's judgment and decree dated 21st November, 2019. The respondent, University of Eldoret, opposed the application.
Issues
- Whether the notice of appeal was timely filed and served
- Whether the delay in bringing the application was caused by the court and not the applicant
- Whether the intended appeal is arguable with high chances of success
Reasoning
The applicant failed to comply with the Court's directions to file written submissions and appear for the hearing. The Court dismissed the application under Rule 58 of the Court of Appeal Rules, 2022.
Outcome
Application dismissed
Orders
- Application dismissed for non-compliance with the Court's directions
Authorities cited
Legislation (4)
- Civil Procedure Act
- Civil Procedure Rules
- Appellate Jurisdiction Act
- Court of Appeal Rules, 2022
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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