Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedCivil Application Sup. 5 of 2015 (UR 4/2015)

Peter Amolo Akumu Gould v Kenya Commercial Bank Limited [2016] KECA 636 (KLR)

Court of Appeal
22 April 2016
1,573 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal refused to let a dismissed KCB employee take his unfair termination case to Kenya's Supreme Court, confirming private employment disputes rarely qualify.

What this practically means

#

Executive summary

#
The applicant, Peter Amolo Akumu Gould, sought leave (certification) to appeal to the Supreme Court from the Court of Appeal's judgment of 11th December 2014 in Civil Appeal No. 247 of 2009, which had dismissed his appeal against the High Court's dismissal of his claim for unlawful termination of employment and terminal dues by Kenya Commercial Bank, his employer from 1989 until his dismissal in February 1999. The applicant argued that the intended appeal concerned an employee's right to pension and termination dues and raised issues of public policy, labour relations and natural justice. The respondent opposed, contending that the applicant had not filed a notice of appeal within time and that the application failed the Article 163(4)(b) threshold. The court held, first, that only the Supreme Court can extend time for filing a notice of appeal to that Court under rules 30(3) and 53 of the Supreme Court Rules, 2012, so the Court of Appeal could not entertain that request. Secondly, applying the principles in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone as adopted by the Supreme Court, the court held that the dispute was a private employment contract matter between two persons whose determination would not affect public policy or any party beyond the litigants, and that the law on employment contracts is settled. The application for certification was dismissed with costs to the respondent.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Court of Appeal has jurisdiction to extend time for filing a notice of appeal to the Supreme Court
  2. 2.Whether the intended appeal involves a matter of general public importance under Article 163(4)(b) of the Constitution

Key legal issues

#
01

Jurisdiction to extend time for filing notice of appeal to the Supreme Court

Holding

Only the Supreme Court, under Rule 53 of the Supreme Court Rules, 2012, can extend time for filing a notice of appeal to that Court; the Court of Appeal lacks that jurisdiction.

Reasoning

Rules 30(3) and 53 of the Supreme Court Rules, 2012 provide that a notice of appeal to the Supreme Court must be lodged within fourteen days and that the Supreme Court itself may extend time. The applicant had filed no notice of appeal and time had lapsed. The court held that notwithstanding Article 159's command against procedural technicalities, it could not extend the time; the applicant must apply to the Supreme Court itself.

p. 2
02

Whether the intended appeal involves a matter of general public importance

Holding

The employment dispute between the applicant and the bank is a private contractual matter that does not transcend the litigating parties and therefore does not meet the Article 163(4)(b) threshold.

Reasoning

Applying the principles in Hermanus Phillipus Steyn v Giovanni Gnecchi-Ruscone as adopted by the Supreme Court, the court held that the dispute rests on a contract of employment between two private persons, the law on such contracts is settled, and the applicant raised no new issues of jurisprudential moment. Certification was refused and the application dismissed with costs.

p. 3

Legal principles established

#
  • The Court of Appeal has no jurisdiction to extend time for filing a notice of appeal to the Supreme Court; only the Supreme Court may do so under Rule 53 of the Supreme Court Rules, 2012
  • A matter of general public importance under Article 163(4)(b) must transcend the circumstances of the particular case and have a significant bearing on the public interest

Court orders

#
  1. 1.The application for certification of a matter of general public importance is dismissed
  2. 2.Costs of the application to the respondent

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

majority
majority
On appeal from
Court of Appeal at Nairobi
Civil Appeal No. 247 of 2009
Jurisdiction invoked
Article 163(4)(b) of the Constitution of Kenya, 2010 - application for certification that an intended appeal involves a matter of general public importance

Relief refused

#

Certification that the intended appeal to the Supreme Court involves a matter of general public importance under Article 163(4)(b)

The dispute is a private employment contract matter that does not transcend the litigating parties

p. 3

Extension of time to file notice of appeal to the Supreme Court

Only the Supreme Court has jurisdiction to extend time for filing a notice of appeal to that Court under rules 30(3) and 53 of the Supreme Court Rules, 2012

p. 2

Costs

The application was 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.

Accordingly, this application is without merit, and we order that it be and is hereby dismissed with costs to the respondent.
p. 3Final orders - dismissal of certification application
As can be gleaned from rules 30(3) and 53, which we have cited above, it is only the Supreme Court that can extend the time within which to file a notice of appeal where a party intends to appeal from this Court to the Supreme Court.
p. 2Exclusive jurisdiction of the Supreme Court to extend time for notice of appeal
The matter between the parties herein is premised on a contract of employment between two private persons, the determination of which will not have a bearing on public policy or on any other party beyond the litigants.
p. 3General public importance threshold not met

Issues in the judgment

#
minor

The judgment refers to the same Steyn litigation with inconsistent spellings and years of citation, one as a Court of Appeal decision and one as a Supreme Court decision

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Peter Amolo Akumu Gould v Kenya Commercial Bank Limited [2016] KECA 636 (KLR)", Case Analysis (2016). Civil Application Sup. 5 of 2015 (UR 4/2015). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2016/636/eng@2016-04-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.