Irving Industries Limited v Casmil Kyeva Kiungua Limited; Directorate of Occupational Safety and Health Services (Interested Party) (Miscellaneous Application E021 of 2025) [2025] KEELRC 3012 (KLR) (31 October 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3012
- Citation
- [2025] KEELRC 3012 (KLR)
- Decided
- 31 October 2025
Summary at a glance
TypeMiscellaneous ApplicationPostureApplication for extension of time to file an appeal and stay of executionCoramSC RUTTO
The Court has jurisdiction to grant the orders sought by the Applicant and extends the time for filing the appeal.
Facts
The Applicant, Irving Industries Limited, sought to extend the time to file an appeal against the Director of Occupational Safety and Health Services (DOSH) award due to delays in receiving a response to its objection.
Issues
- Whether the Court has jurisdiction to extend the time for filing an appeal against an award made by the Director under the Work Injury Benefits Act
- Whether the Applicant has met the requisite conditions for the grant of such extension
Reasoning
The Court found that the Applicant had a reasonable explanation for the delay and that the conditions for extension were met.
Outcome
The Application is allowed with the Applicant being granted leave to file an appeal out of time.
Orders
- Leave to appeal granted
- Stay of execution pending appeal denied
Authorities cited
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