Richard Kamajugo v Trademark East Africa Limited (Civil Application E385 of 2025) [2026] KECA 118 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 118
- Citation
- [2026] KECA 118 (KLR)
- Decided
- 30 January 2026
The Notice of Motion is allowed with orders that the Memorandum of Appeal and Record of Appeal already lodged be deemed properly filed, and the Memorandum of Appeal and Record of Appeal be served upon the respondent within seven days of this ruling.
Facts
The applicant, Richard Kamajugo, sought an extension of time to file a Memorandum of Appeal and Record of Appeal against the judgment of the Employment and Labour Relations Court (ELRC) dated 19th December, 2024, delivered by Ndolo J. He lodged a Notice of Appeal on 28th January, 2025, and served it on the respondent on 17th February, 2025. The certificated proceedings were only supplied to him on 7th May, 2025, and a certificate of delay was issued on 10th June, 2025.
Issues
- Whether the trial court erred in its interpretation and application of the employment and labour relations law and principles.
- Whether the applicant was subjected to procedural and substantive fairness in terminating his employment.
- Whether the trial court properly analyzed the evidence before it.
Reasoning
The court found no delay in filing the appeal as the typed proceedings were ready on 30th April 2025, and the applicant collected them on 7th May 2025, obtaining the certificate of delay on 10th June 2025. The court excluded the time required for the preparation and delivery of the copy from the computation of the time limit.
Outcome
The application for leave to lodge an appeal is granted.
Orders
- The Memorandum of Appeal and Record of Appeal already lodged be and are hereby deemed to be properly filed.
- The Memorandum of Appeal and Record of Appeal be served upon the respondent within seven days of this ruling.
- The appellants shall bear the costs.
Authorities cited
Cases cited (5)
- Nicholas Kiptoo Salat vs IEBC and 7 others [2014] eKLR
- Paul Wandati Mbochi vs Stephen Kimotho Karanja [2020] eKLR
- Fakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR
- Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet [2018] eKLR
- Nick Salat (supra)
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