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Patrick Wanyonyi Khaemba v. Teachers Service Commission, Board of Management, Kapletingi Mixed Day Secondary School & Francis Tanui

(2019) JELR 93578 (CA)

Court of Appeal  •  Civil Application 102 of 2019  •  28 Nov 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement

IN THE COURT OF APPEAL

AT KISUMU

(CORAM: ASIKE MAKHANDIA, J.A (IN CHAMBERS))

CIVIL APPLICATION NO. 102 OF 2019

BETWEEN

PATRICK WANYONYI KHAEMBA................................................APPLICANT

AND

THE TEACHERS SERVICE COMMISSION......................1ST RESPONDENT

THE BOARD OF MANAGEMENT,

KAPLETINGI MIXED DAY SECONDARY SCHOOL....2ND RESPONDENT

FRANCIS TANUI....................................................................3RD RESPONDENT

(An application for extension of time for giving notice of appeal and for leave to appeal out of

time from the decision of the Employment and Labour Relations Court at Kisumu

(Nduma Nderi, J.) dated 20th September, 2018 in ELRC PETITION NO. 30 OF 2017)

***********************

RULING

What is before me is an application by way of motion on notice dated 26th August, 2019. It was filed pursuant to Articles 159 and 259 (1) of the Constitution, Sections 3 (2), 3A and 3B of the Appellate Jurisdiction Act and Rules 1 (2)(4), 42, 43 (1) and 77 of the Court of Appeal R…

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