SENIOR BEST E.P.Z. LIMITED V. TAILORS AND TEXTILE WORKERS' UNION

RULING

This is an application for extension of time and it is expressed to be grounded on Rule 4 of the Court of Appeal Rules. It is however not a routine application in that it springs from proceedings filed and finalized in the Industrial Court in Mombasa. It does not spring from High Court proceedings as is the practice. It seeks to extend time within which the applicant may file and serve a notice of appeal and also the time within which an appeal may be filed against a three judge decision of the Industrial Court (Chemmuttut, Kilonzo and Wafula, JJ) delivered on 24^th February, 2010.

I must at the outset observe that the application does raise a jurisdictional point in that section 64(1) of the retired Constitution empowered the Court of Appeal to deal with appeals emanating from the High Court and not the Industrial Court. The section states:

“There shall be a Court of Appeal which shall be a superior court of record and which shall have such jurisdiction and powers in relation to …