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KENYA WILDLIFE SERVICE V. DANIEL MUSILI NYEKI

(2006) JELR 105128 (CA)

Court of Appeal  •  Civil Appli 209 of 2006  •  24 Nov 2006  •  Kenya

Coram
Philip Nyamu Waki

Judgement

R U L I N G

This is an application under Rule 4 of the rules of this court seeking extension of time to file and serve a notice of appeal. There is indeed a notice of appeal filed and served on the respondent and, according to the applicants, the filing ought to have been within time if they had been notified about the delivery of judgment by the superior court, but they were not. When they became aware of the judgment, they filed the notice of appeal within two days and served it within another five days. This application was therefore, according to counsel for the applicants, filed ex abundanti cautella after claims were raised by the respondent that it was filed one day late.

The matter goes back some 10 years in 1996 when the respondent sued the applicants who were his employers. He claimed, amongst other things, that he had been treated maliciously and discriminately when the employer appointed him as an acting Principal at Naivasha Training Institute and an Assistant Director, Con…

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