RULING
This is an application under Rule 4 of the Court of Appeal Rules 2010 for extension of time for filing an appeal from the judgment of the Employment and Labour Relations Court at Nairobi (Bryam Ongaya, J.) dated 28th August, 2012 in Industrial Cause No. 19 of 2011.
The application is supported by the affidavit of Miss Nduta Mbile, the applicant herein and various documents. The respondent did not file a replying affidavit nor attend the hearing of the application.1
The statement of claim and the response of the applicant to the claim are omitted from the record of the application. However, it is clear from the oral evidence given in the trial court and the extracted decree that the respondent claimed that he was employed by the applicant as a night watchman through oral contract for a period of 4 years, and that his employment was terminated without notice. The respondent also claimed that he was being paid a salary of Kshs. 4,000/- per month which was below the agreed salary of K…