Livoi v Sunpar Pharmaceuticals Ltd (Civil Application E569 of 2025) [2026] KECA 146 (KLR) (30 January 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 146
- Citation
- [2026] KECA 146 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for leave to file record of appeal out of timeCoramJAMILA MOHAMMED
Holding
The application is allowed, and the applicant shall file and serve the record of appeal within fourteen (14) days from the date of this ruling.
Facts
The applicant, Clifford Otwere Livoi, sought an extension of time to file and serve a record of appeal out of time due to delays in receiving certified copies of the proceedings and decree from the Employment and Labour Relations Court.
Issues
- Whether the Employment and Labour Relations Court erred by failing to take into account the applicant's evidence of coercion before termination.
- Whether granting the application would prejudice the respondent.
Reasoning
The court found merit in the application, considering the arguable appeal, the applicant's desire to appeal out of time, and the balance of interests between the applicant and the respondent.
Outcome
Application allowed
Orders
- The applicant shall file and serve the record of appeal within fourteen (14) days from the date of this ruling.
Remedies
- Costs of this application to abide by the outcome of the intended appeal.
Authorities cited
Cases cited (3)
- Fakir Mohamed v Joseph Mugambi & 2 Others [2005] eKLR
- Muchugi Kiragu v James Muchugi Kiragu & another Civil Application No. Nai. 356 of 1996
- Richard Nchapi Leiyagu v IEBC & 2 Others, Civil Appeal No. 18 of 2013
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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