Abuchere v Mburu t/a Wilmer Petrol Station & another (Miscellaneous Application E003 of 2025) [2025] KEELRC 3727 (KLR)
The bottom line
#A Kenyan employment court refused to extend time to appeal, confirming you can appeal without the judgment copy.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether circumstances justify extension of time to file an appeal under Rule 18 of the E&LRC [Procedure] Rules, 2024, given the delay after the 12th August 2024 judgment
Key legal issues
#Governing framework for extension of time in ELRC appeals
Extension of time is governed by Rule 18 of the E&LRC [Procedure] Rules, 2024, not Civil Procedure Act rules
The Court held that appeals before the ELRC are regulated under Part III of the E&LRC [Procedure] Rules, 2024, and extension of time falls under Rule 18 of those Rules. The Applicant had invoked rules under the Civil Procedure Act, but the Court found those inapplicable to ELRC appeals. Rule 18 permits extension where circumstances justify it.
Whether the Applicant justified the delay
No - unavailability of the judgment on the CTS did not justify the delay, as no request letters, receipts, or active steps were exhibited
The judgment was delivered in the presence of counsel for both parties. The Applicant claimed he could not access the judgment for 2 months but produced no letters requesting the judgment or typed proceedings, no receipts, and no copy of the judgment or proceedings - only a draft Memorandum of Appeal. Filing an appeal does not require a copy of the judgment, so delay in obtaining it cannot excuse the delay in filing.
Legal principles established
#- An appeal from the Magistrate's Court under the E&LRC [Procedure] Rules, 2024 must be filed within 30 days of delivery of the decision
- A party may file an appeal without a copy of the judgment or typed proceedings, so delay in obtaining the judgment cannot justify delay in filing an appeal
- Rule 11(1) requires a prospective appellant to request in writing the proceedings and judgment before filing a Memorandum of Appeal
Court orders
#- 1.The application is declined
- 2.No order on the costs
- 3.The file is closed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Senior Resident Magistrate's Court, Nyahururu
- Nyahururu C.M.E.L.R.C No. E002 of 2023
- Jurisdiction invoked
- Rule 18 of the Employment and Labour Relations Court [Procedure] Rules, 2024 (extension of time to file appeal)
Relief refused
#Extension of time to file the appeal
Applicant failed to establish circumstances justifying extension; he took no active measures under the Rules to signal intention to appeal and produced no evidence of requesting the judgment or proceedings
Costs
No order on the costs.
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.
It Is Ordered: a. The application is declined. b. No order on the costs. c. The file is closed.
The Applicant has not established that there are circumstances, which would justify extension of time to file an appeal. His Advocate was in Court when the Judgment was delivered. The Applicant took no active measures under the Rules, to signal his intention to appeal.
Delay is obtaining Judgment cannot be a reason to justify delay, in filing an appeal.
Issues in the judgment
#Paragraph numbering is duplicated - several consecutive paragraphs are all numbered 22
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abuchere v Mburu t/a Wilmer Petrol Station & another (Miscellaneous Application E003 of 2025) [2025] KEELRC 3727 (KLR)", Case Analysis (2025). Nyahururu C.M.E.L.R.C No. E002 of 2023 (application dated 10th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3727/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.