RAPID KATE SERVICES LIMITED V. MANGALE MWADZAME KUTA

RULING

1. In a judgment delivered on 9^th June 2017, the Employment and Labour Relations Court (ELRC) found that the applicant unfairly terminated the respondent’s employment. As relief, the ELRC awarded the respondent one month’s salary in lieu of notice; ten months’ salary as compensation for unfair termination; and accrued leave for the last year of service. Judgment was entered for the respondent for a total award of Kshs.369,600.

2. Intending to challenge that judgment, the applicant filed a notice of appeal on 30^th June 2017. That notice was filed outside the 14 days window allowed under Rule 75 of the Rules of the Court.

3. On 30^th May 2019, just under two years after delivery of the judgment by the ELRC on 9^th June 2017, the applicant filed the present application under Rule 4 of the Court of Appeal Rules seeking an order for extension of time to appeal against the ELRC judgment. Rule 4 of the Court of Appeal Rules, 2010 provides that:

“The Court may, on such terms as it thinks jus…