Evans Nyakundi Momanyi v Consolidated Human Resource Solutions Limited
The bottom line
#Kenya's Employment Court excused a worker's mistaken deadline calculation, giving him 14 days to appeal, but made him pay costs for the avoidable application.
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 applicant should be granted leave to file his appeal out of time
- 2.Whether the delay in filing the appeal is excusable
Key legal issues
#Whether the applicant's delay in filing the appeal should be excused
The delay was excusable, arising from a mistaken belief that a calendar month applied when computing the 30-day period; the applicant was granted 14 days to file the appeal.
The court found the applicant's mistaken computation of time excusable, noting his proactive filing of the application and his right to be heard on appeal. However, it criticised the proceedings as avoidable had the applicant been properly advised on the ELRC Rules and Civil Procedure Rules, and penalised him in costs.
Computation of the 30-day period for filing an appeal under Rule 12 of the ELRC Rules
Time is computed excluding weekends, public holidays and the court recess, in line with Order 50 of the Civil Procedure Rules.
The court held that the ELRC Rules' time tabulation mirrors Order 50 of the Civil Procedure Rules, which excludes weekends, public holidays and court recess. A proper calculation from 30 June showed the 30 days lapsing on 25 September 2026, or 12 August 2026 even if the recess were removed.
Legal principles established
#- In calculating time under the ELRC Rules, weekends, public holidays and the court recess are excluded, as under Order 50 of the Civil Procedure Rules.
Court orders
#- 1.The applicant has 14 days within which to file his Appeal, including the Record of Appeal, as required under Rule 12 of the ELRC Rules
- 2.The applicant shall pay the respondent's costs, assessed at Ksh. 5,000
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Mavoko Magistrates' Court (ELRC)
- Mavoko MCELRC No. E247 of 2025
- Jurisdiction invoked
- Section 17 of the Employment and Labour Relations Court Act read with Rule 12 of the Employment and Labour Relations Court (Procedure) Rules
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.
Given the mistake, which the court finds excusable in the circumstances, and the applicant's proactive filing of these proceedings, time has since lapsed. The applicant will not be penalised.
The applicant's pursuit of justice and his right to be heard on appeal are justified.
Accordingly, the application dated 4 August 2026 analysed; the applicant has 14 days within which to file his Appeal, including the Record of Appeal, as required under Rule 12 of the ELRC Rules.
Issues in the judgment
#Timeline contradiction: application filed 4 August 2026 yet court computes lapse at 25 September 2026 and treats time as lapsed.
Inconsistent case number for the judgment appealed from.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Evans Nyakundi Momanyi v Consolidated Human Resource Solutions Limited", Case Analysis (2026). Miscellaneous Application No. E036 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2779/eng@2026-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.