Ken-Mart Supermarket Limited v Kenya Union of Commercial, Food and Allied Workers (Civil Application E007 of 2026) [2026] KECA 431 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 431
- Citation
- [2026] KECA 431 (KLR)
- Decided
- 6 March 2026
The applicant deserves the exercise of discretion for the reason that the delay, which is not inordinate, has been explained. The applicant is directed to file its notice of appeal and memorandum of appeal within the next 14 days from the date of this order.
Facts
Ken-Mart Supermarket Limited filed an application seeking leave to file and serve a notice of appeal and memorandum of appeal out of time against the judgment and decree of the Employment and Labour Relations Court at Kisumu. The delay in filing the appeal was 44 days.
Issues
- Whether the applicant should be granted leave to file and serve a notice of appeal and memorandum of appeal out of time.
- Whether the delay in filing the appeal was inordinate and satisfactorily explained.
Reasoning
The Court considered the Notice of Motion, the affidavit, and the law. The delay was not inordinate and was explained. The chances of the appeal succeeding were not considered.
Outcome
The application was granted leave to file and serve the notice of appeal and memorandum of appeal out of time.
Orders
- The applicant is directed to file its notice of appeal and memorandum of appeal within the next 14 days from the date of this order.
- The costs of the application shall abide the outcome of the appeal.
Authorities cited
Cases cited (1)
- Mwangi vs Kenya Airways Ltd [2003] KLR 486
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