Ontegi (Suing as the Legal Representative of the Estate of the Late Evans Moya Moindi) v Kisii County Government & another (Civil Application E161 of 2025) [2026] KECA 215 (KLR) (5 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 215
- Citation
- [2026] KECA 215 (KLR)
- Decided
- 5 February 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureApplication for extension of time to file and serve the record of appealCoramLK KIMARU, JA
Holding
The application is allowed. The applicant is granted extension of time to file and serve the notice of appeal within fourteen (14) days of today’s date. The record of appeal shall be filed and served within forty-five (45) days of today’s date. The applicant shall bear the costs of the application.
Facts
The applicant, Jackson Moindi Ontegi, was aggrieved by the Judgment of the Employment and Labour Relations Court (ELRC) dated 1st March, 2023. The applicant did not file the record of appeal within the prescribed period due to negligence by his former advocate.
Issues
- Whether the applicant should be granted extension of time to file and serve the record of appeal
- Whether the applicant should bear the costs of the application
Reasoning
The Court allowed the application in the interest of justice, considering the applicant's explanation for the delay and the lack of prejudice to the respondent.
Outcome
Granted
Orders
- Extension of time to file and serve the notice of appeal within fourteen (14) days of today’s date
- Extension of time to file and serve the record of appeal within forty-five (45) days of today’s date
Remedies
- Extension of time to file and serve the notice of appeal
- Extension of time to file and serve the record of appeal
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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