Kenya Red Cross v Bende (Miscellaneous Application E013 of 2023) [2023] KEELRC 3336 (KLR) (19 December 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3336
- Citation
- [2023] KEELRC 3336 (KLR)
- Decided
- 19 December 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks leave to appeal out of time and stay execution of judgment
Holding
The Court grants the Applicant leave to appeal out of time and stays the execution of the judgment and decree.
Facts
Kenya Red Cross intends to appeal a judgment and decree from the Chief Magistrate's Court, but the High Court struck out the appeal due to lack of jurisdiction. The case is now before the Employment and Labour Relations Court.
Issues
- Whether the Court should grant the Applicant leave to appeal out of time.
- Whether the Court should grant the Applicant stay of execution of the judgment and decree.
- Whether the application is res judicata.
Reasoning
The Applicant's appeal was not timely filed, but the Court exercises its discretion to grant leave due to the circumstances and the Court's jurisdiction to hear the appeal.
Outcome
The Court grants the Applicant leave to appeal out of time and stays the execution of the judgment and decree.
Orders
- Grant leave to appeal out of time.
- Stay execution of judgment and decree pending appeal.
Authorities cited
Legislation (3)
- Civil Procedure Act 2010
- Employment and Labour Relations Court Act
- Constitution of Kenya 2010
Cases cited (1)
- Nicholas Kiptoo Arap Korir Salat vs The Independent Electoral and Boundaries Commission & OTHERS [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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