Kenya National Union of Nurses v Kenyatta National Hospital & another (Cause E706 of 2021) [2025] KEELRC 506 (KLR)
The bottom line
#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 court issued judgment notice for 28/9/2023
- 2.Whether the Claimant should be granted leave to file Notice of Appeal out of the prescribed time
Key legal issues
#Whether the ELRC had the competence to grant leave to file a Notice of Appeal out of time where the appeal lies to the Court of Appeal
The application was unmerited because the applicable rules are the Court of Appeal Rules 2022 and the leave application should have been made to the Court of Appeal itself
The court invoked Rule 77 of the Court of Appeal Rules 2022, which requires a Notice of Appeal within fourteen days of the decision. The judgment was delivered on 28th September 2023, so time expired on 12th October 2023. The court declined to analyse the merits of the application, holding that because the intended appeal lies to the Court of Appeal, the application should have been made in that court, and even if granted, leave would still have to be sought there.
Whether the Claimant was notified of the judgment date
The court did not make any finding on this factual dispute, having declined to consider the merits
The Claimant averred that no notice of the judgment date was served and that it learned of the judgment on 14th November 2023. The 2nd Respondent countered that judgment notices were sent by text message through the CTS filing system. The Claimant submitted the alleged text message was unproved hearsay. The court expressly declined to analyse these merits, disposing of the application on the forum point alone.
Legal principles established
#- An application for leave to file a Notice of Appeal out of time under the Court of Appeal Rules 2022 ought to be made to the Court of Appeal, not the Employment and Labour Relations Court.
Court orders
#- 1.The Claimant's Application dated 18th January, 2024 is dismissed with costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Employment and Labour Relations Court procedure; application brought under Court of Appeal Rules 2022 Rule 77 regime for extension of time to file Notice of Appeal
Relief refused
#Leave to file Notice of Appeal out of the prescribed time and deeming of the attached Notice of Appeal as duly filed
The application was for extension of time under the Court of Appeal Rules and ought to have been made at the Court of Appeal, which is where any such leave would still be required
Costs
The application is dismissed with costs (to the 2nd Respondent)
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.
In conclusion the Claimant's Application dated 18th January, 2024 is found unmerited and is hereby dismissed with costs.
It is so ordered.
The Application therefore ought to have been made at that court.
A person who desires to appeal to the Court shall give notice in writing, which notice shall be lodged in two copies, with the registrar of the superior court.
Issues in the judgment
#The judgment refers to a 2nd Respondent's Replying Affidavit but the 1st Respondent is never identified anywhere in the ruling, and the Respondents' written submissions are noted as not filed yet the heading 'Respondents' Submissions' still appears.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Nurses v Kenyatta National Hospital & another (Cause E706 of 2021) [2025] KEELRC 506 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/506/eng@2025-02-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.