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NEW KENYA CO-OPERATIVE CREAMERIES LTD V. JOHN KAHIATO BARI, JAMES WACIURI, JACKSON WARUI NJAU, BENARD KANADEA EMMANUEL KAKULA (ALL SUING ON BEHALF OF THEMSELVES AND REPRESENTATIVES OF ALL FORMER EMPLOYEES OF THE KENYA CO-OPERATIVE CREAMERIES LIMITED) & ATTORNEY GENERAL

(2018) JELR 98470 (CA)

Court of Appeal  •  Civil Application Nai 97 of 2018 (UR 84/2018)  •  18 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

RULING

[1]. This application for extension of time to file a notice of appeal, memorandum of appeal and the record of appeal is mainly brought under Rule 4 of the Court of Appeal Rules which gives the Court discretion to extend time.

[2] The discretion to extend time is unfettered. However, the discretion is exercised judicially and upon the settled principles as laid by this Court in Wasike v. Swala [1984] KLR 591 and other decisions and also as laid down by the Supreme Court in Nicholas Kiptoo Arap Korir Salat v. The Independent Electoral and Boundaries Commission and 7Others [2014] eKLR. In appropriate cases, the element of public interest may be considered. The constitutional principle in Article 159 (2) (d) of the Constitution that justice shall be done without undue regard to technicalities of procedure, is also a paramount guiding principle in the administration of justice.

[3] The application is supported by the affidavit of David Mukii Mereka. The 1st respondent opposed the appl…

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