Shadrack Abraham Kisongoch v Kenya Airports Authority [2015] KECA 65 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that appeal deadlines run from when court proceedings are delivered, not when the judgment was issued, so the appeal survived.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the record of appeal was filed out of the prescribed period without leave of court, given that time for filing runs from delivery of the proceedings under the proviso to Rule 82(1) of the Court of Appeal Rules
Key legal issues
#Computation of the period for filing a record of appeal under Rule 82 of the Court of Appeal Rules where a certificate of delay shows late delivery of proceedings
Time starts to run from delivery of the proceedings; excluding the Christmas vacation, the record filed on 21st January 2015 was within time
The proviso to Rule 82(1) read with sub-rule (2) applies where the letter bespeaking proceedings is filed within thirty days of the decision and served, as happened here. The certificate of delay annexed to the replying affidavit showed proceedings were delivered to the respondent's counsel on 19th November 2014, so the last date for filing, excluding the 2014 Christmas vacation, was 9th February 2015. The record was filed on 21st January 2015, well within time.
Legal principles established
#- Where a letter bespeaking proceedings is filed and served within thirty days of the decision appealed from, time for filing the record of appeal runs from the date of delivery of the proceedings, not from the date of the decision.
Court orders
#- 1.The application to strike out the respondent's notice of appeal is dismissed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kisumu, Industrial Court
- Industrial Cause No. 20 of 2014
- Jurisdiction invoked
- Rules 42(1), 43(1), 83 and 84 of the Court of Appeal Rules
Relief refused
#Striking out of the respondent's notice of appeal and record of appeal
The record of appeal was filed within time, as time began to run from delivery of the proceedings on 19th November 2014
Costs
Application dismissed with costs to the respondent
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
for purposes of filing the record of appeal, time starts to run from the date of "delivery" of the proceedings.
Consequently we find no merit in this application and we accordingly dismiss it with costs.
Issues in the judgment
#The notice of appeal is dated inconsistently within the judgment - the cause title states it is dated 23rd November 2014 while paragraph 1 states it is dated 23rd September 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shadrack Abraham Kisongoch v Kenya Airports Authority [2015] KECA 65 (KLR)", Case Analysis (2015). Civil Application No. 83 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2015/65/eng@2015-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.