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Court of AppealAllowedCivil Application E128 of 2026

Chesang & 5 others v Kenya County Government Workers Union & another

Court of Appeal
30 September 2026
1,713 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal gave six county workers four extra months' grace to appeal, ruling that a lawyer's honest mistake shouldn't block their day in court.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nakuru, delivered by Ahmed Issack Hassan, JA, sitting as a Single Judge under Rule 4 of the Court of Appeal Rules, on the applicants' notice of motion dated 28th July 2026 seeking an extension of time to lodge and serve a notice of appeal out of time. The intended appeal is against the ruling of the Employment and Labour Relations Court at Kericho (Anna Mwaure Ngibuini, J) delivered on 6th February 2026 in ELRC No. E016 of 2022, a contempt finding, and a subsequent sentencing ruling of 18th June 2026, in a dispute with the Kenya County Government Workers Union and the County Government of Bomet. The applicants explained the approximately four-month delay as counsel's honest mistake: counsel lodged a notice of appeal on 22nd June 2026 under the bona fide belief that the adjudication process was continuous and that the notice should follow the sentencing ruling. The union opposed, contending the two rulings were distinct, that no satisfactory explanation was offered, and that it and other grievants would be prejudiced after prolonged enforcement and repeated contempt proceedings. Applying the Mutiso and Salat principles, the court held the delay inordinate but satisfactorily explained, that counsel's honest mistake should not be visited on the litigants, and that the alleged prejudice was compensable by costs. The motion was allowed, with the applicants directed to file and serve the notice, memorandum and record of appeal within thirty days, failing which the orders would lapse; costs were made to abide the outcome of the appeal.

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 an extension of time to lodge and serve a notice of appeal out of time against the rulings of 6th February 2026 and 18th June 2026
  2. 2.Whether the delay of approximately four months has been satisfactorily explained
  3. 3.Whether the respondents will suffer prejudice that cannot be compensated by costs if the extension is granted

Key legal issues

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01

Whether the inordinate delay of approximately four months in lodging the notice of appeal was satisfactorily explained

Holding

Yes. The delay was attributable to counsel's honest but mistaken belief that the contempt ruling of 6th February 2026 and the sentencing ruling of 18th June 2026 formed one continuous adjudication, so the notice was lodged after the sentencing ruling.

Reasoning

Applying Mutiso and Salat, the Single Judge found the delay inordinate but accepted counsel's explanation as an honest mistake, citing Belinda Murai that a mistake by an experienced lawyer should not close the door of justice. A sufficient basis was therefore laid for the exercise of discretion in the applicants' favour.

02

Whether the respondents would suffer prejudice incapable of compensation if the extension were granted

Holding

No. Although the union's concern about prolonged enforcement and repeated contempt proceedings was legitimate, the alleged prejudice was not irreparable and could be compensated by costs.

Reasoning

The court acknowledged the union's legitimate concern that compliance and contempt proceedings had been necessary to secure obedience to the ELRC's orders, but held that compensable prejudice does not justify refusing an otherwise merited extension of time.

p. 4
03

Arguability of the intended appeal

Holding

The Single Judge declined to assess the merits of the intended appeal, holding that this was not for a Single Judge to determine at the extension-of-time stage.

Reasoning

The court treated the arguability factor as one it need not resolve, proceeding instead on the explanation for delay and absence of irreparable prejudice.

p. 4

Legal principles established

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  • Extension of time under Rule 4 is discretionary and is assessed on the length of and reason for delay, arguability of the appeal, and prejudice to the respondent.
  • A counsel's honest mistake in lodging a notice of appeal should not be visited upon the litigants so as to deny them access to justice.
  • Prejudice occasioned by delay in filing an appeal may in appropriate circumstances be adequately compensated by an award of costs.

Court orders

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  1. 1.The applicants' notice of motion dated 28th July 2026 is allowed
  2. 2.Applicants to file and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal within thirty (30) days from the date of the ruling, failing which the orders shall be vacated
  3. 3.Costs of the application to abide by the outcome of the appeal

The bench

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

Wrote the judgment

On appeal from
Employment and Labour Relations Court at Kericho
ELRC No. E016 of 2022
Jurisdiction invoked
Rules 4, 43 and 49 of the Court of Appeal Rules (extension of time to file a notice of appeal out of time)

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.

Accordingly, the applicants’ motion dated 28th July 2026 is merited, and the same is hereby allowed.
p. 4Disposition - extension of time granted
I direct the applicants to file and serve the Notice of Appeal, Memorandum of Appeal and Record of Appeal within thirty (30) days from the date hereof, failure to which the orders herein shall be vacated.
Final orders and self-executing condition
Costs of the application to abide by the outcome of the appeal.
p. 4Costs order
A plausible and satisfactory explanation for delay is the key that unlocks the court’s flow of discretionary favour.
p. 3Extension of time - explanation for delay
a mistake is a mistake. It is no less a mistake because it is an unfortunate slip. The door of justice is not closed because a mistake has been made by a lawyer of experience who ought to have known better.
p. 4Counsel's mistake not visited on litigants

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, "Chesang & 5 others v Kenya County Government Workers Union & another", Case Analysis (2026). Civil Application E128 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1997/eng@2026-09-30

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