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Kenya Union of Domestic Hotels Educational Institutions, Hospitals & Allied Workers George Chesire & 84 Others v. Nairobi Club

(2015) JELR 99896 (CA)

Court of Appeal  •  Civil Application 250 of 2014  •  31 Jul 2015  •  Kenya

Coram
Mohammed Abdullahi Warsame, Jamila Mohammed, James Otieno Odek

Judgement

RULING OF THE COURT

This is a Reference before a full bench from a ruling by a single judge of this Court (Hon. Koome, JA) delivered on 14th November 2014 declining leave to extension of time to file the Notice and Record of Appeal.

The facts relevant to the Reference are that the applicants filed before the Industrial Court a dispute against the respondent in Trade Dispute No. 77 (N) of 2009. An award was made by Chemmutut, J. on 24th September 2009. Dissatisfied with the award, the respondent applied for review. A ruling was delivered by Mbaru, J. on 10th May 2013. The applicant intends to appeal against the ruling but there is delay in filing the Notice and Record of Appeal. The length and reasons for the delay in filing the notice of appeal and record for appeal is as captured by the single judge. There is no much contest as to the length, reasons and steps taken to remedy the delay. We can do no more than quote the learned judge who expressed herself as follows:

“The applicant is la…

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