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County Government of Vihiga v Kenya Union of Clinical Officers & 76 others (Civil Appeal (Application) E243 of 2024) [2026] KECA 12 (KLR) (21 January 2026) (Ruling)

[2026] KECA 12 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
12
Citation
[2026] KECA 12 (KLR)
Decided
21 January 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for extension of time to file the notice of appeal out of timeCoramLK KIMARU
Holding

The application is allowed, and the County Government shall file and serve the notice of appeal within fourteen (14) days of the date of this ruling.

Facts

County Government of Vihiga filed a notice of appeal out of time against the Employment and Labour Relations Court of Kenya's decision in Bungoma ELRC Cause No. 32 of 2021. The County Government claimed it was aggrieved by the decision but did not lodge the notice of appeal in time due to a misunderstanding about when to file it.

Issues

  1. Whether the County Government's application for extension of time to file the notice of appeal out of time should be granted
  2. Whether the County Government's delay in filing the notice of appeal was justified

Reasoning

The County Government gave a convincing reason for its delay, which was a mistake in apprehending the purport of the interim judgment and the subsequent ruling. The Court found the application meritorious and allowed it.

Outcome

Allowed

Orders

  • The County Government shall file and serve the notice of appeal within fourteen (14) days of the date of this ruling
  • The County Government shall file and serve the record of appeal within forty-five (45) days of service of the notice of appeal
  • The respondents shall have the costs of the application
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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