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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment· [2025] KECA 1646 (KLR)

50 Others v Browns Investments Plc & 1 other

Court of Appeal of Kenya
9 October 2025
1,349 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal gave late appellants 14 days to file their appeal after a missing court file and witness-protection delays explained a 13-month delay.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nakuru (Warsame, JA) delivered on 9th October 2025 on an application dated 16th October 2024 under Rules 4, 5(2)(b), 42 and 75 of the Court of Appeal Rules, 2010, Sections 3A and 3B of the Appellate Jurisdiction Act and Article 159(2)(d) of the Constitution. The applicants sought extension of time to file a Notice of Appeal and Record of Appeal, and a stay of execution, against the decision of Sergon J in Kericho High Court Constitutional Petition No. E002 of 2023, delivered on 20th September 2023, which upheld preliminary objections and dismissed their petition alleging workplace constitutional violations - systematic sexual harassment, discrimination and intentional HIV infection of female tea plantation workers - on the ground that the High Court lacked jurisdiction over employment matters, which fall within the ELRC's exclusive jurisdiction under Article 162(2) and Section 12(1) of the ELRC Act. The delay exceeded thirteen months. The applicants blamed a missing court file, delayed certified copies of the ruling, and the logistical difficulty of coordinating forty-nine witnesses scattered under the Witness Protection Unit. The 1st respondent opposed, citing inordinate delay, forum shopping (a parallel HIV & AIDS Tribunal suit), and overstated witness-protection claims. Applying the Gitetu v Kenya Commercial Bank and Salat principles, the court found exceptional circumstances: documented persistent efforts to obtain proceedings, genuine intent to appeal, and weighty arguable jurisdictional questions. The application was allowed; the notice and record of appeal were to be filed within fourteen days, with no orders as to costs.

Key legal issues

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01

Whether the delay of over thirteen months in filing the Notice of Appeal was satisfactorily explained

Holding

Yes - the missing court file, delays in availing certified copies of the ruling, and logistical difficulties in coordinating witnesses under the Witness Protection Unit amounted to exceptional circumstances justifying extension of time

Reasoning

The court found the applicants made persistent documented efforts (letters of 11th February, 7th May, 30th July and 6th August 2024) to obtain typed proceedings, and correspondence with the Witness Protection Agency showed genuine intent to appeal. The allegations against the High Court Registry regarding the missing file and delayed certified copies deserved consideration, and the weighty jurisdictional issue in the intended appeal merited that the applicants be heard.

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02

Whether the intended appeal is arguable

Holding

Yes - the intended appeal raises weighty jurisdictional questions about whether the High Court may entertain fundamental-rights petitions arising from employment relationships or should transfer such matters to the court with jurisdiction

Reasoning

The court held that the question of whether the High Court lacks jurisdiction over Bill of Rights redress arising from employment, or whether lack of jurisdiction instead divests it of power to transfer the matter to the competent court, is not frivolous. These are significant issues meriting consideration by the Court of Appeal, warranting that the applicants be given a chance to canvass their case.

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03

Whether the respondents' allegations of forum shopping, abuse of process and exaggerated witness-protection claims defeated the application

Holding

No - although noted, the objections did not outweigh the exceptional circumstances and the arguability of the intended appeal

Reasoning

The 1st respondent relied on the applicants' parallel filing in the HIV & AIDS Tribunal and correspondence suggesting only fourteen (not forty-nine) witnesses were recommended for protection. The court acknowledged these objections ('duly noted') but was persuaded that the documented efforts to obtain documentation and the weighty jurisdictional questions justified exercising discretion in the applicants' favour.

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Legal principles established

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  • Applications under Rule 4 of the Court of Appeal Rules for extension of time are determined by consideration of the length of and reason for delay, prejudice to the respondent, and arguability of the intended appeal
  • Extension of time is a discretionary relief and the applicant bears the burden of laying a basis to the satisfaction of the court

Court orders

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  1. 1.Extension of time granted to file the Notice of Appeal and Record of Appeal
  2. 2.The notice of appeal and record of appeal to be filed within fourteen (14) days
  3. 3.No orders as to costs
On appeal from
High Court of Kenya at Kericho
Constitutional Petition No. E002 of 2023
Jurisdiction invoked
Rules 4, 5(2)(b), 42 and 75 of the Court of Appeal Rules, 2010; Sections 3A and 3B of the Appellate Jurisdiction Act, Cap. 9; Article 159(2)(d) of the Constitution of Kenya, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "50 Others v Browns Investments Plc & 1 other", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1646/eng@2025-10-09

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