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Court of AppealAllowedNot stated in the judgment

Techomed Ltd v Merwe (Civil Application E043 of 2026) [2026] KECA 1391 (KLR)

Court of Appeal of Kenya
13 July 2026
492 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed an applicant more time to file a record of appeal because former advocates failed to collect certified proceedings.

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 Nairobi, delivered by L. Kimaru, JA, on 13th July 2026, on an application under rule 4 of the Court of Appeal Rules for extension of time to file and serve a record of appeal. The applicant was aggrieved by a judgment of the Employment and Labour Relations Court (Hon. Stella Rutto) delivered on 27th June 2025 in Nairobi ELRC Cause No. E1029 of 2023 and had lodged a notice of intention to appeal. Certified proceedings were prepared and ready for collection, but the applicant's former advocates failed to collect them in time; by the time new advocates were instructed, the period for filing the record of appeal had elapsed. The respondent was served but neither filed a replying affidavit nor submissions, so the application was unopposed. Relying on the settled principles from Leo Sila Mutiso v. Rose Hellen Wangari Mwangi [1999] 2EA 231 - length of delay, reasons for delay, arguability of the appeal, and prejudice to the respondent - the court found the reason for delay excusable and the delay not inordinate. The court allowed the application, directed the applicant to file and serve the record of appeal within fourteen days, and made no orders as to costs. No decision of the lower court was disturbed; the ruling concerns only procedural extension of time.

Questions the Court framed

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

  1. 1.Whether the court should extend the time within which to file and serve the record of appeal
  2. 2.Whether the reasons advanced for the delay in filing the record of appeal are excusable
  3. 3.Whether the delay was inordinate and whether the respondent would suffer prejudice if the extension is granted

Key legal issues

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01

Whether the applicant's failure to file the record of appeal in time, attributable to former advocates' failure to collect certified proceedings, justified an extension of time under rule 4.

Holding

The reason advanced was excusable, the delay was not inordinate, the application was unopposed, and the application was allowed.

Reasoning

The court found that the applicant was let down by its former advocates who failed to collect the certified typed copies of proceedings when they were ready. By the time new advocates were instructed, the filing period had elapsed. The court accepted this as an excusable reason, found the delay not inordinate, noted the application was unopposed, and exercised its discretion in the applicant's favour.

p. 2

Legal principles established

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  • The jurisdiction under rule 4 of the Court of Appeal Rules to extend time is discretionary and unfettered, but guided by settled principles: the length of the delay, the reasons for the delay, whether the appeal is arguable, and whether the respondent will be prejudiced.

Court orders

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  1. 1.Extension of time granted to file and serve the record of appeal
  2. 2.The applicant to file and serve the record of appeal within fourteen (14) days of the date of the ruling
  3. 3.No orders as to costs

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), Nairobi
Nairobi Employment and Labour Relations Court Cause No. E1029 of 2023
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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 applicant shall file and serve the record of appeal within fourteen (14) days of today’s date. There shall be no orders as to costs.
p. 2Final orders - extension of time granted
This court is persuaded by the reason advanced by the applicant for its failure to file the record of appeal in time. It is excusable. The period of delay is not inordinate. The application is unopposed. The application has merit and shall be allowed.
p. 2Excusable delay and discretion under rule 4

Issues in the judgment

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minor

The judgment does not state the names of the parties, the appeal/case number of the application before the Court of Appeal, or a neutral citation, making full identification of the case impossible from the text alone.

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, "Techomed Ltd v Merwe (Civil Application E043 of 2026) [2026] KECA 1391 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1391/eng@2026-07-13

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