N Kenya County Government of Workers Union v County Government of Vihiga & 4 others (Civil Appeal (Application) E048 of 2026) [2026] KECA 489 (KLR) (10 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 489
- Citation
- [2026] KECA 489 (KLR)
- Decided
- 10 March 2026
The application has merit and is hereby allowed. The record of appeal filed in Court on 8th December, 2025 is hereby deemed to have been properly filed and within time.
Facts
The applicant, N Kenya County Government of Workers Union, filed a notice of appeal against the Ruling of the Employment and Labour Relations Court of Kenya at Kakamega on 26th September, 2025. They sought to challenge the Ruling on appeal to the Court of Appeal. However, they did not file the record of appeal within the prescribed time due to a delay in obtaining a certificate of delay in time.
Issues
- Whether the applicant's application for extension of time to file and serve the record of appeal should be granted
- Whether the delay in filing the appeal was excusable and whether the respondents would suffer prejudice
Reasoning
The Court is persuaded by the reasons advanced by the applicant for the delay in lodging the appeal in time. The delay of one (1) day is not inordinate and is excusable.
Outcome
The application is allowed.
Orders
- The record of appeal filed in Court on 8th December, 2025 is deemed to have been properly filed and within time.
- The said record of appeal shall be served upon the respondents within seven (7) days of today’s date.
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