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Charles Onyinge Abuso v. Kenya Ports Authority & Attorney General

(2018) JELR 103253 (CA)

Court of Appeal  •  Civil Application 33 of 2016  •  19 Jul 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Philip Nyamu Waki, Wanjiru Karanja

Judgement

RULING OF THE COURT

[1] Being aggrieved by the Judgment of the Employment and Labour Relations Court (ELRC) (O.N. Makau, J.) delivered on 5th September, 2014 in Cause No. 370 of 2013, Charles Onyinge Abuso (the applicant), moved with expedition to this Court and filed a Notice of Appeal dated 16th September, 2014, within the time prescribed under Rule 75(2) of the Rules of this Court.

[2] The applicant also wrote to the Registrar of the Court requesting to be supplied with certified copies of proceedings to enable him to prepare and file the record of appeal. It is conceded that the letter bespeaking the proceedings was not copied to the respondents (Kenya Ports Authority and the Attorney General).

[3] On 11th November, 2014, having not received the proceedings, learned counsel for the applicant wrote a reminder to the Registrar of the High Court requesting for the said proceedings. This time round the letter was copied to the respondents as required by the Court of Appeal Rules (the Rul…

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