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Court of AppealDismissedNot stated in the judgment· [2026] KECA 1557 (KLR)

Frodak Kenya Limited v Mark Bushuru Angatia

Court of Appeal of Kenya
31 July 2026
2,764 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Honesty matters: a Kenyan company lost its appeal to overturn a judgment because the court found its explanation was not truthful.

What this practically means

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Executive summary

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The Court of Appeal at Eldoret (Gachoka, Korir and Ndolo, JJA) dismissed an appeal against a ruling of the Employment and Labour Relations Court (Abuodha, J) refusing to set aside an ex parte judgment awarded to a claimant for unfair termination of employment. The appellant employer, which had entered appearance and filed a reply, did not attend the hearing, which proceeded ex parte after the court was satisfied with service, and judgment was entered in June 2018. The appellant's later omnibus application seeking to set aside the judgment and stay execution was dismissed, the Judge finding material non-disclosure and inconsistencies: the appellant claimed to have learned of the judgment only in December 2019, yet through the same firm it had entered a consent on party and party costs in October 2019, and an earlier set-aside application had been dismissed for non-attendance. On appeal, the appellant argued the consent on costs did not oust the court's jurisdiction to set aside the judgment and that it had a good defence. The Court restated the principles governing appeals against discretionary decisions, as set out in United India Insurance v East African Underwriters and Mbogo v Shah, and the retrial role of a first appellate court, citing Gitobu Imanyara v Attorney General. It found no basis to interfere, agreeing that the appellant was less than truthful and that its application was rightly dismissed. All grounds of appeal failed and the appeal was dismissed with costs to the respondent.

Key legal issues

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01

Whether the Court of Appeal could interfere with the Judge's refusal to set aside the ex parte judgment

Holding

No; the Judge correctly exercised discretion in light of the appellant's inconsistencies, material non-disclosure and conduct, and no ground for interference was established

Reasoning

The Court applied the settled principles in United India Insurance and Mbogo v Shah: interference with a discretionary decision requires misdirection in law, misapprehension of facts, wrong considerations, omitted considerations, or a plainly wrong decision. On the record, the appellant claimed awareness of the judgment only in December 2019 yet had entered a consent on party and party costs through the same firm in October 2019, and had earlier filed a set-aside application dismissed for non-attendance. The Court found the appellant less than truthful and its application properly dismissed.

p. 5
02

Whether the appellant was denied a right to a fair hearing

Holding

No; the claimant had been duly served with the hearing notice and the ex parte hearing was lawful; the appellant's own lack of diligence and dishonest account defeated the complaint

Reasoning

The Court noted it was common ground the appellant's advocates were served with the hearing notice and the court was satisfied with service before proceeding ex parte. The appellant had entered appearance and filed a reply, but failed to attend the hearing. Its later complaints of being condemned unheard were contradicted by its conduct, including filing an earlier set-aside application that was dismissed for non-attendance and entering a costs consent while purporting to be unaware of the judgment.

p. 4
03

Whether as a first appellate court the Court should re-evaluate the evidence

Holding

Yes; an appeal to this Court is by way of retrial requiring reconsideration and independent evaluation of the evidence, with due allowance for not having seen or heard the witnesses

Reasoning

The Court restated the settled principles for first appellate courts, citing Gitobu Imanyara v Attorney General: the Court must reconsider and evaluate the evidence itself and draw its own conclusions, while making due allowance for the absence of the advantage enjoyed by the trial court. It then applied those principles to the record before affirming the ruling below.

p. 4

Legal principles established

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  • An appellate court will not interfere with a discretionary decision of a judge unless the judge misdirected himself in law, misapprehended the facts, took into account considerations he should not have, failed to take into account considerations he should have, or the decision is plainly wrong
  • A party seeking to benefit from the court's discretionary power must approach the court with clean hands; dishonesty and suppression of material facts disqualify an applicant from discretionary relief such as setting aside a judgment

Court orders

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  1. 1.The appeal is dismissed with costs to the respondent
On appeal from
Employment and Labour Relations Court
Not stated in the judgment
Jurisdiction invoked
First appellate jurisdiction under the Employment and Labour Relations Court Act (appeal by way of retrial from an ELRC decision); exact provision not cited in the judgment

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, "Frodak Kenya Limited v Mark Bushuru Angatia", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1557/eng@2026-07-31

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