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Ngeno v The County Assembly of Kericho & another (Petition E004 of 2021) [2022] KEELRC 1279 (KLR) (7 July 2022) (Ruling)

[2022] KEELRC 1279 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1279
Citation
[2022] KEELRC 1279 (KLR)
Decided
7 July 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeAppealPostureAppeal from a previous judgmentCoramBosire Ag, ON MAKAU, Shah
The Court cannot extend the time for filing an appeal as the Applicant did not file a Notice of Appeal within 14 days after the delivery of the impugned judgment.

Facts

The Petitioner (Ngeno) was awarded against by the County Assembly of Kericho in a previous judgment. The 2nd Respondent (County Assembly) seeks to appeal this judgment and extend the time for filing the appeal.

Issues

  • Whether the Court can extend the time for filing an appeal
  • Whether the Applicant (County Assembly) has a valid reason for the delay in filing the appeal

Reasoning

The Appellate Jurisdiction Act provides three instances where the High Court can extend time for instituting an appeal. However, the Court held that the Applicant did not file a Notice of Appeal within the stipulated time, thus the power to extend time is not applicable.

Outcome

The application for extension of time for filing an appeal is dismissed.

Orders

  • Spent.
  • Spent.
  • Spent.
  • Spent.
  • Spent.

Authorities cited

Legislation (3)
  • Appellate Jurisdiction Act
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (4)
  • Trimborn Agricultural Engineering Limited v David Njoroge Kabaiko and Another (2000) eKLR
  • Peter Njoroge Mairo vs Francis Gicharu Kariri & another, Civil Appeal (Application) No 186 of 1999 (unreported)
  • Edward Allan Robinson & 2 others vs Philip Gikaria Muthami, (Civil Application No. Nai 187 of 1997) (unreported)
  • Nicholas Kiptoo Arap Korir Salat –v- IEBC & 7 Others (2013) eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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