Gachungwa & 3 others (Suing on behalf of themselves & 398 others) v Commissioner for Co-operatives & 3 others (Civil Application E117 of 2025) [2026] KECA 352 (KLR) (27 February 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 352
- Citation
- [2026] KECA 352 (KLR)
- Decided
- 27 February 2026
The Court grants the applicants leave to file and serve their Memorandum and Record of Appeal out of time, and grants the orders accordingly.
Facts
The applicants, suing on behalf of themselves and 398 former workers, obtained a judgment against the respondents in Nyeri ELRC Cause No. 102 of 2015 for Kshs. 27,718,055.45. The judgment was not satisfied, and they filed a Judicial Review Application. The application was dismissed, and the applicants then filed a Notice of Appeal, which was dismissed as res judicata. They later filed the present application.
Issues
- Whether the applicants should be granted leave to file an appeal out of time
- Whether the applicants should be granted leave to file their appeal and the Memorandum and Record of Appeal
Reasoning
The Court considers the applicants' explanation for the delay and grants leave to file the appeal due to their elderly status, lack of legal representation, and pursuit of justice since 2009.
Outcome
The applicants are granted leave to file and serve their Memorandum and Record of Appeal out of time.
Orders
- Leave granted to file and serve Memorandum and Record of Appeal out of time
- Memorandum and Record of Appeal to be filed and served within 45 days from the date of the ruling
- No order as to costs
Remedies
- Leave to file and serve Memorandum and Record of Appeal out of time
Authorities cited
Cases cited (3)
- Leo Sila Mutiso v. Rose Hellen Wangari Mwangi [1999] 2 EA 231
- Paul Musili Wambua v. Attorney General & 2 others [2015] KECA 471 (KLR)
- Salat v. Independent Electoral and Boundaries Commission & 7 others [2014] KESC 12 (KLR)
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