Mattan Issa Restaurant v Kenya Hotels & Allied Workers Union (Civil Application E141 of 2022) [2026] KECA 185 (KLR) (30 January 2026) (Ruling)

Facts

The applicant, Mattan Issa Restaurant, was dissatisfied with the Employment and Labour Relations Court's decision dated 6 October, 2021. The record of appeal was prepared on 13 June, 2022, but was not served on the respondent until 7 June 2023, over a year after the statutory period had lapsed.

Issues

1. Whether the applicant's delay in serving the record of appeal was inordinate and prejudicial to the respondent.
2. Whether the court should exercise its discretion to extend the time limit for serving the record of appeal.

Reasoning

The court exercised its discretion under Rule 4 of the Court of Appeal Rules, finding the delay to be over a year and the reason for the delay to be work pressure, which was not satisfactorily explained. The court concluded that the applicant's delay was not reasonable and therefore did not exercise its discretion in favour of the applicant.

Outcome

Dismissed with costs

Authorities cited