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Osiri v Onda Mechanical EA Limited & another; County Director of Occupational Safety and Health Services (Interested Party) (Miscellaneous Application E231 of 2021) [2022] KEELRC 3958 (KLR) (22 September 2022) (Ruling)

[2022] KEELRC 3958 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
3958
Citation
[2022] KEELRC 3958 (KLR)
Decided
22 September 2022
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for extension of time and for production of documentsCoramMA ONYANGO
Holding

The court grants the application for extension of time and directs the Director of Occupational Safety and Health Services to produce a copy of the objection and decision within 30 days.

Facts

The applicant, Geoffrey Nyakeriga Osiri, was injured on September 19, 2020, while in the course of employment with the 1st respondent, Onda Mechanical EA Limited. He filed a notice of motion application seeking extensions of time and other reliefs.

Issues

  1. Whether the applicant is entitled to the orders sought
  2. Whether the delay in lodging the appeal was unreasonable

Reasoning

The court finds the delay to be excusable and within reasonable limits, and grants the extension of time.

Outcome

The application is granted.

Orders

  • Extension of time for lodging the appeal
  • Production of the objection and decision by the Director of Occupational Safety and Health Services within 30 days
  • The appeal to be filed within 30 days from the date of this ruling

Remedies

  • Extension of time for lodging the appeal
  • Production of the objection and decision by the Director of Occupational Safety and Health Services

Authorities cited

Cases cited (4)
  • Joseph Maina Njoroge & 2 others v Paul Chege Muhahi [2007] eKLR
  • Festus Ngolua Miburi v Abdalla Chullu & Another [2007] eKLR
  • Stephen Gitau & another v Muraguri Ndugire [2010] eKLR
  • Edith Gichugu Koine v Stephen Njagi Thoithi [2014] 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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