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Court of AppealPartially AllowedCivil Application (Extension of Time) arising from ELRC JR No. 3 of 2024

Mangira & another (Suing as personal representatives of the Estate of the late Christina Sae Alila) v Teachers Service Commission (Civil Appeal (Application) E577 of 2025) [2026] KECA 1246 (KLR)

Court of Appeal
3 July 2026
1,197 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal gave two men more time to file their appeal after they couldn't afford court filing fees, stressing everyone deserves their day in court.

What this practically means

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Executive summary

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This was a single-judge application under sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules seeking extension of time to file and serve a record of appeal against a ruling of the Employment and Labour Relations Court (M Nduma, J) delivered on 5th December 2024 in ELRC JR No. 3 of 2024, and consequential deeming orders. The applicants, personal representatives of the estate of the late Christina Sae Alila, explained a delay of approximately four months and fifteen days by their inability to raise the requisite filing fees. The respondent, though served, filed neither a replying affidavit nor submissions. Applying the settled principles in Fakir Mohamed and Leo Sila Mutiso, the court found the delay satisfactorily explained on sworn, uncontroverted evidence; held the intended appeal arguable; and found no demonstrated prejudice to the respondent, emphasising the constitutional right to a hearing and proportionality per Richard Nchapi Leiyagu. Time was extended, with the record of appeal lodged on 23rd July 2025 to be filed and served within ten days, failing which the leave lapses automatically. Costs of the motion abide the outcome of the intended appeal. The decision is interlocutory and does not disturb the ruling below. The Applicants' prayer for costs to abide the appeal was granted; no relief was refused.

Questions the Court framed

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

  1. 1.Whether the applicants should be granted extension of time to file and serve the record of appeal
  2. 2.Whether the record of appeal lodged on 23rd July 2025 should be deemed duly filed and served

Key legal issues

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01

Whether the four-month-and-fifteen-day delay in filing the record of appeal was satisfactorily explained

Holding

The delay was explained by the applicants' inability to raise filing fees; the explanation was on oath and uncontroverted, and was accepted.

Reasoning

The court traced the chronology: ruling delivered 5 December 2024, notice of appeal filed same day, proceedings supplied 15 January 2025, record due around 15 March 2025 but filed 30 July 2025. It held financial hardship is not invariably sufficient cause but accepted the sworn, unchallenged explanation as satisfactory on the peculiar facts.

p. 2
02

Whether the intended appeal is arguable

Holding

An applicant need only show the appeal is not frivolous; the draft memorandum satisfied that threshold.

Reasoning

The court declined to go into the merits, which belong to the full bench hearing the appeal, but found on the draft memorandum of appeal that the intended appeal was arguable. Arguability is one of the Leo Sila Mutiso parameters and weighs in favour of granting extension so an applicant is not shut out of the appellate process.

p. 2
03

Prejudice to the respondent and proportionality

Holding

The court balanced the injustice of shutting the applicants out against any prejudice to the respondent and found the balance favoured extension.

Reasoning

Drawing on Richard Nchapi Leiyagu, the court emphasised the constitutionally protected right to a hearing and proportionality. The respondent neither filed a replying affidavit nor submissions, so no prejudice was demonstrated, while denial of extension would deny the applicants the right of appeal.

p. 3

Legal principles established

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  • The discretion to extend time under rule 4 is wide but must be exercised judiciously, guided by settled principles: length of delay, reason for delay, arguability of the appeal, and prejudice to the respondent.
  • Financial hardship may constitute sufficient cause where the explanation is given on oath and not controverted, each case turning on its own facts.

Court orders

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  1. 1.Extension of time granted to file and serve the Memorandum of Appeal and record of appeal
  2. 2.The Memorandum of Appeal and record of appeal to be filed and served within ten (10) days of the date of the ruling
  3. 3.In default of compliance within ten (10) days, the leave granted shall automatically lapse without further order of the court
  4. 4.Costs of the motion to abide the outcome of the intended appeal

The bench

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

majority

Wrote the judgment

On appeal from
Employment and Labour Relations Court
ELRC JR No. 3 of 2024
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules

Relief refused

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No relief refused; all principal prayers granted

Costs

The costs of the motion shall abide the outcome of the intended appeal.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The applicants shall file and serve the Memorandum of Appeal and the record of appeal within ten (10) days of the date of this ruling. In default, the leave hereby granted shall automatically lapse without further order of the court.
p. 3Final orders - extension of time and default clause
In the case of Richard Nchapi Leiyagu vs IEBC & 2 Others, Civil Appeal No. 18 of 2013, this court expressed itself as follows
p. 3Authority relied on - right to hearing and proportionality
It is now well settled that the decision whether or not to extend the time for appealing is essentially discretionary.
p. 2Discretionary nature of extension of time
The costs of the motion shall abide the outcome of the intended appeal.
p. 3Costs order

Issues in the judgment

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minor

The judgment refers to the decision below as a ruling of the High Court although the impugned ruling was that of the Employment and Labour Relations Court.

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, "Mangira & another (Suing as personal representatives of the Estate of the late Christina Sae Alila) v Teachers Service Commission (Civil Appeal (Application) E577 of 2025) [2026] KECA 1246 (KLR)", Case Analysis (2026). Civil Application (Extension of Time) arising from ELRC JR No. 3 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1246/eng@2026-07-03

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