Mbarire v Kenya Airways Limited (Civil Application E383 of 2025) [2026] KECA 104 (KLR) (30 January 2026) (Ruling)

Facts

The applicant, John Miriti Mbarire, sought to file a Memorandum of Appeal against the judgment of the Employment and Labour Relations Court (ELRC) dated 4th March, 2024, delivered by Nzioki Wa Makau J. The applicant avers that he was aggrieved by the judgment and that he did not file the Memorandum of Appeal in time due to the court's failure to supply the certified copy of the proceedings in good time.

Issues

1. Whether the applicant was aggrieved by the judgment
2. Whether the intended appeal raises arguable issues that the learned Judge disregarded the evidence, law, and regulations as to the compensation the appellant was entitled to
3. Whether the learned Judge misapprehended the facts and the law
4. Whether the delay in filing the Memorandum of Appeal is reasonable and inexcusable

Reasoning

The delay in filing the Memorandum of Appeal is more than 13 months, and the applicant's sole reason for the delay is attributed to the court's failure to supply the certified copy of the proceedings in good time. The court found the delay to be inordinate and inexcusable, and the applicant is not deserving of the court's discretion to extend time for filing the appeal.

Outcome

Application dismissed with costs

Authorities cited