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Mogere v Telkom Kenya Limited (Civil Application E474 of 2025) [2026] KECA 381 (KLR) (27 February 2026) (Ruling)

[2026] KECA 381 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
381
Citation
[2026] KECA 381 (KLR)
Decided
27 February 2026
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for extension of time to file an application for certification to appealCoramJAMILA MOHAMMED
Holding

The Court grants the extension of time to enable the applicant to file and serve the application for certification to appeal to the Supreme Court within fourteen (14) days from the date of the ruling.

Facts

The applicant filed an application for certification to appeal to the Supreme Court within the prescribed time but faced a system malfunction that delayed the filing. The applicant filed a motion for extension of time on August 1, 2025.

Issues

  1. Interpretation and application of Articles 41 and 47 of the Constitution in the context of employment termination
  2. Access to justice and constitutional rights

Reasoning

The Court exercised its discretion to extend time due to the system malfunction, which was beyond the applicant's control, and the applicant acted promptly. The issues raised are arguable and potentially of general public importance.

Outcome

The application for extension of time is granted.

Orders

  • Time is extended to enable the applicant to file and serve the application for certification to appeal to the Supreme Court within fourteen (14) days from the date of the ruling.

Authorities cited

Legislation (1)
  • Article 163(4)(b) of the Constitution
Cases cited (8)
  • Leo Sila Mutiso v Hellen Wangari Mwangi [1999] 2 EA 231
  • Fakir Mohamed v Joseph Mugambi & 2 Others [2005] eKLR
  • Nicholas Kiptoo Arap Korir Salat v IEBC & 7 Others [2014] eKLR
  • Teachers Service Commission v Kenya National Union of Teachers & 3 Others [2015] eKLR
  • County Executive of Kisumu vs. County Government of Kisumu & 8 Others [2017] eKLR
  • Judicial Service Commission vs. Speaker of the National Assembly & Another [2013] eKLR
  • Hermanus Phillipus Steyn vs. Giovanni Gnecchi-Ruscone [2013]eKLR
  • Raila Odinga & 5 Others vs. IEBC & 3 Others [2013] eKLR
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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