BANKING INSURANCE & FINANCE UNION V. HARAMBEE CO-OPERATIVE SAVINGS & CREDIT SOCIETY

RULING

In its judgment delivered on 9^th December 2013, the Industrial Court (Nzioki wa Makau J) dismissed the applicant’s claim against the respondent for reliefs for alleged unlawful redundancy of 52 of its members. The court found that the redundancy of the 52 staff members was lawful and fair.

Intending to appeal that judgment the applicant Banking Insurance and Finance Union has by its Notice of Motion dated 15^th August 2014 and presented to this Court on 19^th August 2014 sought an extension of time to file and serve the notice of appeal and record of appeal. The application is made under rule 4 of the Court of Appeal Rules and sections 3A and 3B of the Appellate Jurisdiction Act.

In an application under rule 4 of the Rules, a single judge of this Court is called upon to exercise unfettered discretion which must however be exercised judicially. As this Court held in Leo Sila Mutiso v. Rose Hellen Wangari Mwangi, Civil Application No. Nai. 255 of 1997:

“It is now well settled that the …