Wambua v Savannah Cement Limited (Civil Application E101 of 2025) [2025] KECA 1740 (KLR)
The bottom line
#The Court of Appeal allowed a worker to appeal an unfair dismissal ruling late because he only learned of the judgment months after it was delivered.
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 applicant should be granted leave to file an appeal out of time
- 2.Whether the applicant should be granted leave to serve the notice of appeal out of time
Key legal issues
#Extension of time to appeal
The application was allowed because the short period of delay was well explained.
Applying the Thuita Mwangi v Kenya Airways criteria, the court considered the length of and reason for the delay, the arguability of the intended appeal, and prejudice to the respondent. The applicant explained that he learned of the judgment only in January 2025 through his advocate, who was unwilling to file an appeal. The court found the delay short and satisfactorily explained, and the application unopposed.
Legal principles established
#- The decision whether or not to extend the time for appealing is discretionary, and the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Court orders
#- 1.Leave granted to file the appeal out of time
- 2.Leave granted to serve the notice of appeal out of time
- 3.Applicant directed to file and serve the notice of appeal and record of appeal within 30 days
- 4.Costs of the application to be in the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court (ELRC)
- ELRC No. E004 of 2022
- Jurisdiction invoked
- Inherent/appellate jurisdiction to extend time for filing an appeal (leave to appeal out of time against ELRC decision)
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.
I am satisfied that the short period of delay has been well explained by the applicant. Consequently, I allow the application and direct the applicant to file and serve the notice of appeal as well as the record of appeal within 30 days from the date hereof.
It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wambua v Savannah Cement Limited (Civil Application E101 of 2025) [2025] KECA 1740 (KLR)", Case Analysis (2025). ELRC Appeal No. E004 of 2022 (application for extension of time). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1740/eng@2025-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.