Kuku Foods Kenya Limited v Muigai (Civil Application E490 of 2025) [2026] KECA 116 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 116
- Citation
- [2026] KECA 116 (KLR)
- Decided
- 30 January 2026
The Court allows the application for extension of time, granting the applicant 30 days to file and serve the record of appeal.
Facts
Kuku Foods Kenya Limited sought an extension of time to file an application requesting typed proceedings, memorandum of appeal, and record of appeal against the judgment of the Employment and Labour Relations Court. The judgment was delivered on 8th May 2025. The applicant's former advocates filed a notice of appeal on 14th May 2025, and the current advocates filed an application for stay of execution on 30th June 2025, but the application was made 17 days after the deadline.
Issues
- Whether the applicant can extend the time to file an application requesting typed proceedings, memorandum of appeal, and record of appeal
- Whether the delay in filing the application is excusable and will prejudice the respondent
Reasoning
The Court considers the length of the delay, the explanation provided, and the potential prejudice to the respondent. The Court finds the delay not excessive and excusable, but grants the extension to avoid further delay in the respondent's enjoyment of the judgment.
Outcome
The Court grants the application for extension of time.
Orders
- The applicant shall within thirty (30) days hereby file and serve the record of appeal
Remedies
- Costs to abide the intended appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules
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