Muchemi v Roy Transmotors Limited (Employment and Labour Relations Appeal E147 of 2024) [2025] KEELRC 650 (KLR) (28 February 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 650
- Citation
- [2025] KEELRC 650 (KLR)
- Decided
- 28 February 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from an original trial decisionCoramJ.W. KELI
Holding
The Court strikes out the filed memorandum of appeal and the purported record of appeal, and extends the time limit for filing an appeal by 30 days.
Facts
The Appellant/Applicant filed an Application under various provisions of the Constitution and Civil Procedure Act seeking to proceed with an appeal out of time.
Issues
- The validity of filing an appeal out of time
- The Court's authority to extend time for filing an appeal
Reasoning
The Court ruled that filing an appeal out of time is tantamount to moving the Court to remedy an illegality, which the Court cannot do.
Outcome
The appeal is struck out and the time limit for filing an appeal is extended.
Orders
- The filed memorandum of appeal and the purported record of appeal are struck out and expunged from the court record.
- The time limit for filing an appeal is extended by 30 days from the date of the ruling.
Remedies
- The applicant is granted leave to file an appeal within 14 days from the date of the ruling.
- The applicant shall bear the respondents' costs in this application.
Authorities cited
Legislation (4)
- Civil Procedure Act
- Employment and Labour Relations Court (Procedure) Rules, 2016
- Civil Procedure Rules
- Constitution of Kenya
Cases cited (1)
- Salat case
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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